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The appointment of most recognized chiefs is regulated by codified native law and custom usually called chieftaincy declaration or community constitution largely to obviate the necessity for oral proof and ensure certainty of the law. The court has maintained that it has no power to promulgate chieftaincy declaration for any community but departed from this principle in two cases when it held that it has competence to determine whether a chieftaincy declaration is in accordance with the prevailing custom and where it is not, declare it null and void. This paper concedes that the court can declare a chieftaincy declaration a nullity where the body that made it lacks competence; it cannot nullify a chieftaincy declaration on account of the correctness of the content. Whereas a finding of the court that a chieftaincy declaration does not represent the prevailing custom may necessitate a legislative reform, the nullification of a chieftaincy declaration on account of that finding amounts to judicial usurpation of legislative power. The proper construction of a chieftaincy declaration and its application to the facts will settle a dispute without the court necessarily nullifying the declaration. This paper therefore recommends a judicial rethink whenever the opportunity presents itself. [ABSTRACT FROM AUTHOR]

Prosecuting pirates in local courts is one of the most effective ways to suppress piracy. Hence, appropriate legal regime is imperative for prosecuting pirates. Despite the spate of piracy off the Nigerian coast and its attendant consequences, there has been no prosecution of pirates in the country. This paper examined the nature of piracy in Nigeria, the legal basis for prosecuting pirates, challenges in piracy prosecution and measures to enhance the prosecution of pirates in the country. The paper argued that prosecuting pirates is pivotal in curbing piracy and to effectively prosecute pirates, Nigeria should enforce its domestic law criminalising piracy. [ABSTRACT FROM AUTHOR]

In January 2019, the Nigerian Government finally enacted its first competition law after several attempts to do so previously failed. Since all competition regimes advance one or more goals, the paper provides a critical evaluation of what the goals of the Nigerian Competition Law 'is' or 'are' and/or what they should be. This paper posits that discussion on goals must relate fundamentally to the true reason(s) the nation 'needs' an antitrust legislation and the relationship between these reasons (as reflected in the preamble of the legislation) and the prohibitory aspects of the law.Although the goal of competition is generally thought to be relating to promoting economic efficiency, however, for developing countries (including Nigeria), competition must compose of an important equity dimension. Ironically, the work uses the 'developed' experience of the EU in later stages to show that the goals of an antitrust policy are never static but dynamic and may not necessarily always admit of 'efficiency' considerations. This paper's argument is that Nigeria needs a welfarist approach to competition which means efficiency should sit as a top objective and that any compromise on economic efficiency as the goal must be accommodated only to the extent that basic principles of a market driven competition is not harmed. Consequently, the work reflects on how the new Nigerian law has provided a balance between market efficiency and other goals of competition and how the new Nigerian competition body can operationalise this balance in the development of the nation's antitrust policy. In this regard, the EU also provides some important enforcement lessons. [ABSTRACT FROM AUTHOR]

Corporate governance reforms have been viewed as one of the formal means of improving the economic and social welfare of emerging economies. There have been efforts by the Nigerian government, through its agencies, to promulgate codes of best practices for companies in the country. These reforms appear to be ineffective and the codes do not compliment and are not complimented by corporate law. The aim of this paper is to identify the problems that hinder effective corporate governance reforms in Nigeria within corporate law. Using the doctrinal approach, the paper analyses features of the Nigerian corporate governance framework and identifies the problems bedeviling this regime. It argues that the problems stem from (amongst others), state ownership and control, board independence, poor minority shareholder protection, ineffective judicial system and Incomplete disclosure. The paper, by linking the apparent weakness of the extant framework to the attempt to reform outside corporate law, suggests a hybrid of legislation including hard laws, soft laws and other policy proposals to promote an effective corporate governance regime in Nigeria. [ABSTRACT FROM AUTHOR]

Global COVID-19 legislation contains the spread of the disease. However, the Nigerian government's response to the spread of the virus suffers some technical flaws. Consequently, this paper asks how Nigeria's response to the pandemic compares with those of the United States of America (US) and the United Kingdom (UK). Qualitatively, it seeks to substantiate the proposition that Nigeria's response relies too heavily on executive directives and extra-judicial controls, leading to human rights abuses. Even worse is the absence of specific provisions in the Nigerian legislation detailing the application of remote hearing to facilitate redress arising from these infractions comparable to what is obtainable in the US and UK. The paper highlights the several loopholes demonstrated by Nigeria's legal response to the COVID-19 pandemic, its impact, and the lessons the Nigerian government can adapt based on the US and UK experiences. [ABSTRACT FROM AUTHOR]

The legal status of the nature of employment of religious ministers is a matter of global concern. Before now, Religious Ministers were not seen as employees due to the absence of intention to create legal relations between Ministers and the Churches. This paper argues that a Religious Minister can be an employee and, therefore, should not be denied rights accruing from contracts of employment. Comparatively, the position of other common law jurisdictions was looked into. We indeed found situations where a contract of employment can exist between the Minister and the Church. In this context, the paper makes some recommendation. [ABSTRACT FROM AUTHOR]

The paper highlights the menace of building collapse incidences in Nigeria, the causes and the need to enforce laws to reduce these. It examines the postulations of scholars; applicable laws such as nigerian urban and regional planning act 1992 (NURPA); urban and regional planning and development law of Lagos state 2010 (URPDL) and the effectiveness of regulatory bodies such as town planners registration council (TOPREC) among others in curbing these incidences. Enabling planning laws in Japan is discussed. The paper concludes that the law is adequate in Nigeria but there is the need to enforce the provisions of these laws. [ABSTRACT FROM AUTHOR]

Nigeria joined the trend present in other democratic nations by enacting the Freedom of Information Act (FOIA) in 2011. Now just five years old, the law intends to promote openness and transparency by making public records and information freely available to the people as part of a good governance regime. As the law provides for judicial review, torrents of applications are now before the courts. The paper analyses the FOIA against the backdrop of these decisions. In addition, this article argues that some sections of the law are clumsy and may prevent its effective use. The paper proposes law reforms to clear the ambiguity in the court cases and an amendment of the unwieldy sections. It recommends change in the internal culture of government to openness, acceptance by public institutions and willingness on the part of the judges to implement it as critical factors for FIOA success. [ABSTRACT FROM AUTHOR]

Oil and Gas exploration and exploitations have been ongoing over the past fifty years in Nigeria from the first major discovery of oil in commercial quantity in Oloibiri, Bayelsa State in 1956. Decommissioning is a tedious and complicated process which needs strict laws and regulations to ensure environmental protection among other issues. When an oil and gas installation reaches the end of its productive life, the need to remove such installations from the environment becomes necessary, hence the importance for the existence of national laws and regulations. The paper therefore examines Nigeria's treaty obligations under the Geneva Convention on the Continental Shelf (GCS) 1958, The United Nations Convention on the Law of the Sea (UNCLOS) 1982 and the London Dumping Convention 1972 among others. The paper adopts the doctrinal method through the use of Statutes, Cases, Treaties and Conventions to buttress the argument. The paper finds that the absence of a national legislation on decommissioning in Nigeria has led to failure in provision of regulations in dealing with the complexities associated with decommissioning. It concludes by making recommendations for Nigeria to ensure the implementation of these international legal instruments through the process of domestication under the Constitution of the Federal Republic of Nigeria (as amended) 1999 to bring into existence a national legislation. [ABSTRACT FROM AUTHOR]

The arrest of ship regime is a critical aspect of global shipping and international trade. In settling maritime or trade disputes, arrest of ship is a crucial pre-judgment instrument usually deployed to secure the appearance of ship owners and it also acts as security for the claimants' claim. This paper critically examines the arrest regime in Nigeria to determine the possibility of the country becoming the destination of forum shopping for maritime dispute resolution. This paper submits that a liberal and comprehensive arrest legal regime is pivotal in establishing Nigeria as the hub of global ship arrest adjudication. [ABSTRACT FROM AUTHOR]

Sustainable Development Principles are fundamental to addressing environmental protection issues in Nigeria's oil industry. The paper examined sustainable development in its globally accepted meaning. Furthermore, this principle of environmental protection has in recent years evolved into international standards popularly called global best practices. The objective of the paper is to examine the sustainable development principle and its relevance in addressing the environmental challenges in Nigeria's oil industry. [ABSTRACT FROM AUTHOR]

This paper examines unabated gas flaring menace in Nigeria and calls for the need for strict gas utilization and enforcement of applicable laws. It adopts the doctrinal method in tackling issues raised. For over sixty years, gas flaring continues unabated in the Niger Delta Region. This has resulted in adverse environmental impacts on the people. The government in a bid to end gas flaring, enacted flare abatement laws and introduced fiscal incentives. These laws and measures have not produced the desired results. The paper concludes by stating that the government needs to be more pro-active by strictly enforcing applicable laws pertaining to gas flaring. [ABSTRACT FROM AUTHOR]

This paper examines the exercise of the executive powers of president Buhari in suspending Onnoghen chief justice of Nigeria (CJN) from office. It questions whether the power was rightly exercised by taking a look at applicable provisions of the constitution of the federal republic of Nigeria 1999 as amended pertaining to the appointment and removal of judicial officers. It also examines the doctrine of separation of power in tandem with the rightful exercise of the executive powers of the President. The paper re-echoed a similar situation in Pakistan. It concludes that the executive powers of the president was wrongly exercised. [ABSTRACT FROM AUTHOR]

Misuse of ship-owners' stronger bargaining power during the nineteenth century resulted in the formulation of rules to regulate carriage of goods by sea contracts. The adoption of the Hague Rules in 1924 was followed by that of the Hamburg Rules in 1978. Nigeria has domesticated both Rules – the Hague Rules under the Carriage of Goods by Sea Act (COGSA), 2004 and The Hamburg Rules by the United Nations Convention on the Carriage of Goods by Sea (Ratification and Enforcement) Act (UNCCGSA), 2005. In order to bring the Hamburg Rules into force, article 31 of the same Rules enjoins parties to denounce the 1924 Convention. Since the domestication of the Hamburg Rules in Nigeria, the COGSA has neither been denounced nor repealed, leading to confusion as to the applicable law in this area. This paper sets out to evaluate whether the enactment of the UNCCGSA has repealed the COGSA or whether the two legislation apply concurrently in Nigeria. Through analysis of case law, it contends that the enactment of the UNCCGSA has impliedly repealed the COGSA in Nigeria. Finally, the paper offers further suggestions which will aid in bringing certainty and uniformity to this area of law in the country. [ABSTRACT FROM AUTHOR]

Tenancy relationships in Nigeria are largely regulated by statutes. Most of the provisions of these statutes to lawyers and other stakeholders are susceptible to inconsistent interpretations. In recent times, the courts in Nigeria have taken steps to look beyond the law books and give flesh to areas in tenancy matters where there seem to be inadequacies in the provisions of the laws. In doing this, the courts have come up with some legal principles that the relevant statutes do not explicitly provide for, but arguably flow from the provisions of such statutes – a good example being the principle that a tenant who contests ownership with the landlord loses right to statutory notice to quit. Terms such as 'landlord' and 'tenant' are not as simple as they appear, especially considering the statutory definitions given to them by some of the tenancy statutes in Nigeria – particular attention is given in this regard to Tenancy Law of Lagos State 2011. This paper considers the intricacies of the definition of and relationship between the landlord and the tenant as provided in statutes and as interpreted by overtime by courts in Nigeria. The paper analyses the nature of the relationship between the landlord and the tenant as may be conceived and disambiguates the scope of law of a landlord and tenant relationship in Nigeria. [ABSTRACT FROM AUTHOR]

The Evidence Act 2011 came into force in June 2011. It repealed the Evidence Act 1945 that hitherto governed rules of evidence in Nigerian courts. The new enactment appears to have undermined entrenched rules guiding judicial notice of custom by substituting section 14(2) of the repealed Act with section 17 of the extant Act. The Act induces adverse legal implications by introducing new condition for judicial notice of custom. To safeguard indigenous system of law in Nigeria, this paper calls for review of section 17 and preservation of the salient conditions for judicial notice of custom in the repealed Act. [ABSTRACT FROM AUTHOR]

The pursuit of developmental objectives especially those related to human/social welfare like the SDGs is often hampered by funding constraints. Hence domestic resource mobilisation is critical to sustenance of developmental programmes. A key message of SDG 17 is that partnership between governments and the private sector is needed to mobilise private resources to deliver the SDGs. This paper contends that one way this partnership can be actualised in Nigeria is through the principles of taxation considering the strong relationship between taxation and development. It recommends that developing a strong tax system is necessary to sustain the funding of SDGs. [ABSTRACT FROM AUTHOR]

The risk that directors may act in ways that are contrary to their duties is always present. One of the legal responses is to ensure that shareholders are statutorily positioned to take steps that would ensure that the opportunistic behaviours by the directors are met with punitive consequences. In spite of this, corporate failures or near corporate failures in Nigeria are recurring decimals in Nigeria's corporate equation. It is on this premise that the ability of shareholders to take enforcement steps is reviewed. The paper reviews relevant statutory provisions and whether there are inherent gaps that impact shareholders' position. [ABSTRACT FROM AUTHOR]

There is the urgency in finding solutions to this global problem and this requires bold actions from governments, the private sector and civil societies. This paper conducts an x-ray of political questions relating to climate change issues. This can be achieved by making departure from the provisions of section 6(6)(c) of the Nigerian Constitution by proactive interpretation of sections 13, 14(2), 20 and Item 60(a) of the Exclusive Legislative List of the said Constitution. The philosophical underpinning of this preposition is to enable the courts avoid injustice and absurdity in addressing claims for loss and damages linked to climate change induced impacts. [ABSTRACT FROM AUTHOR]

One of the principal aims of competition law is the protection of the consumer from economic exploitation. This the Nigerian government has done through the enactment of the long awaited Federal Competition and Consumer Protection Act 2018 (FCCPA) which is a comprehensive legal framework governing competition issues in Nigeria. This paper seeks to critically appraise the regulation of competition under FCCPA. It compares the Nigerian competition regime with that of South Africa, a developing African country that appears to have evolved and successfully implemented a competition regime. [ABSTRACT FROM AUTHOR]

There seems to be no lockdown for cybercriminals who are capitalizing on the global lockdown to perpetrate cyber coronavirus crimes. Qualitatively, this paper examines these crimes, their peculiarities, and how they can be curtailed. Although the United States of America (US) and the United Kingdom (UK) have put in place cyber hygiene and preventive enforcement measures to curtail the activities of cybercriminals in cyberspace, the same cannot be said of Nigeria. Arguably, cybercrime institutions in Nigeria lack adequate capacity building, professional competence, and inter-agency cooperation concerning cyber coronavirus crimes. Consequently, it calls for the adaptation of the US and UK measures to protect cybercitizens. [ABSTRACT FROM AUTHOR]

A viable way to establish a sense of inclusion for the physically challenged in Nigeria like elsewhere is to provide a sustainable infrastructural plan that integrates the utility concerns of the disabled. Overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers. This paper examines the right of persons with disability to public vehicular and infrastructural use. It focuses on the recently enacted Discrimination against Persons with Disability (Prohibition) Act, 2018 as well as other international human rights instruments from which Nigeria derives her international obligations. It is observed that the Nigerian society is still unfriendly to the disabled as public infrastructure is constructed without considerations for the disabled. [ABSTRACT FROM AUTHOR]

Although the right to privacy is enshrined in the 1999 Constitution of the Federal Republic of Nigeria as well as several regional and international instruments to which the country is a Party, proper recognition of the right is conspicuously absent in many abortion and homosexual prohibitory legal frameworks enacted by both the federal and state governments. These frameworks may be assailed on the ground that they violate the right to autonomy of affected women and homosexuals in the sense of denial of individually – driven decision-making regarding abortion or sexual preferences. Drawing on the practices in other jurisdictions where the right to privacy is accorded better protection, this paper argues that there is an urgent need for liberalisation of the current anti-abortion and anti-homosexual regimes in the country. [ABSTRACT FROM AUTHOR]

The article asks the question: what is wrong with bribery? Pre-2010 UK and extant Nigerian anti-bribery statutes fail to clearly express the problem with bribery. The author appraises the various approaches to conceptualising the wrong in bribery. A comparative analysis of the UK Bribery Act 2010 (UK Act) and Nigerian anti-bribery statutes is undertaken with a view to exploring whether useful insights can be gained as a model to reform the law on bribery in Nigeria. The paper argues that a clear articulation of what is wrong with bribery is essential to strengthen anti-bribery statutes in Nigeria. The paper argues further that the articulation of what is wrong with bribery also provides a tool to understand what is wrong with other manifestations of corruption generally, and to strengthen their criminalisation. [ABSTRACT FROM AUTHOR]

The paper highlights the National Industrial Court of Nigeria's (NICN) importance over the general courts in the interpretation of labour statutes. It compares the judicial interpretation of some provisions of labour statutes by the general courts in Nigeria (represented herein by the Supreme Court of Nigeria's interpretation of same provisions) with the interpretation of the NICN of same provisions. It argues that the NICN's interpretation is more favourable to labour rights than that of the general courts. It makes use of the rules of judicial interpretation and Ronald Dworkin's discussion on interpretation as a framework and adds to it by comparing the judicial interpretation of some provisions of labour statutes by the general courts with that of the NICN. It noted that the NICN's interpretation was more purposive and promoted labour rights than that of the general courts. The Supreme Court cases used to represent the position of the general courts were those decided before exclusive jurisdiction on employment and labour matters was conferred on the NICN in 2010. Presently, even though the general courts no more have jurisdiction to hear and interpret employment and labour matters the NICN's interpretations continues to promote labour rights. [ABSTRACT FROM AUTHOR]

The question of title to property between married couples remains intractable in Nigeria's social context. Ownership is addressed by Nigerian courts in a discretionary framework devoid of a cohesive conceptualization. By reviewing cases in Nigeria and England the paper finds that the exercise of discretionary justice is a 'cold legal question' and defective in granting a realistic outcome. A different approach is germane to achieve justice in family law. It concludes that the extant judicial approach is at variance with the marital vow 'with all my worldly possessions I thee wed' which imports unity of assets in the social psyche of parties. [ABSTRACT FROM AUTHOR]

Tax offences and penalties are created to tackle tax non-compliance. Tax penalties bear civil liabilities while tax offences portends criminal sanctions. This paper employs the deterrence theory of penalty to determine whether tax penalties and enforcement agencies are effective in ensuring tax compliance in Nigeria. It is found that the dwindling economic situation in the country has diminished the deterrent effect of pecuniary tax sanctions. Hence, there is need to review the tax statutes. Corroborative effort between tax authorities would facilitate the probability of detection and punishment of tax offenders, thereby improving tax compliance in Nigeria. [ABSTRACT FROM AUTHOR]

Appraisal of the importance of maritime transportation to Nigeria's economy is an effort in assessing the extent to which maritime transportation has contributed to Nigeria's economy through gross domestic product (GDP) output. The paper x-rayed some problems and challenges that hinder the full realisation of the potentials of maritime transportation. Some of the identified problems and challenges include: insecurity, inadequate infrastructure, inadequate capital for investment and maintenance of ships, poor incentives for investors, lack of indigenous carrier vessels, sea unworthiness of such indigenous vessels where they are available, and poor integrated water transport systems. [ABSTRACT FROM AUTHOR]

As high-profile cases of rape continue to make headlines in Nigeria and beyond-and as rape survivors appear to relent in reporting crimes- it can help to have a better understanding of the laws on rape and the reasons for delayed report of the crime as well as the effect of the statutory time frame within which legal actions can be instituted against perpetrators of rape. One effective way to curb or exterminate the menace of rape is by effective prosecution and punishment of offenders. However limitation statutes may deny citizen's access to justice and it seems not to propel prompt report of rape incidents. This paper examines the Nigerian criminal law of rape and attempts a critical analysis of limitation statutes in selected forums in order to establish its probative value on reporting rape whilst identifying the reasons for delay in report and MEASURES to address same. Materials and methods: materials consulted are statutes, case laws and relevant literatures. Method applied is doctrinal methods and desk based/internet research. Results: probative and qualitative information on the state of the art in concerned areas researched on. [ABSTRACT FROM AUTHOR]

The Secured Transactions in Moveable Assets Act (STMA or the Act) was enacted in May 2017 as Nigeria's apparent response to the reform of states' personal property security laws following calls by the United Nations Commission on International Trade Law (UNCITRAL). In an apparent shift from the common law secured transactions' system widely believed to stifle credit transactions, the STMA seeks to stimulate funding to micro, small and medium enterprises (MSMEs). The Act however curiously adopts the remedies' scheme under the Companies and Allied Matters Act (CAMA) including receiverships. This paper examines the implication of the Act's adoption of receiverships on the Nigerian law of secured transactions and contends that it could jeopardize the realization of the Act's objective of stimulating funding to MSMEs. [ABSTRACT FROM AUTHOR]

The paper critically examined the implementation of treaties related to labor and labor relations in Nigerian law. Prior to the amendment of the Constitution in 2010, section 12(1) stipulated that all treaties must be domesticated before enforcement. But in that year a new provision – section 254C(2) – was introduced which empowered the National Industrial Court of Nigeria (NICN) to enforce treaties related to labor and labor relations which have been ratified though not domesticated. One relevant question examined was whether section 254C(2) of the Constitution could be applied to enforce treaties that are partly related to labor and labor relations and also have been ratified in view of a decision of the NICN which applied that provision to enforce a treaty that was wholly related to labor and labor relations. It was argued that section 254C(2) should also be applied to enforce treaties that are partly related to labor and labor relations. [ABSTRACT FROM AUTHOR]

The law of evidence in Nigeria has never denied the competence of a child to give evidence. The repealed Evidence Act had provisions for how the evidence of a child can be obtained, but did not define or provide a guide as to who is considered a child. As a result, the courts relied on other statutes for illumination as to who a child is. This paper examines the new Evidence Act as it relates to the evidence of a child, particularly the broadening of the scope of child evidence in Nigeria. This paper will conclude that there is marked improvement. [ABSTRACT FROM AUTHOR]

The position of Nigeria as a strong economic force, especially among developing states of sub-Saharan Africa, cannot be over-emphasised. Therefore, trends in the country's development of the law serve as good index to a proper appreciation of trends in emerging states. The need to engender a safe building culture has made it imperative that governments implement policies that effectively check building collapse and all other hazards associated with real estate in the country. This paper examines the novel regime of insurance of buildings and the new provision in Nigeria's insurance statute, which provides for compulsory insurance of certain categories of buildings against collapse and other associated hazards and considers the impact of this proactive legislation on the building industry. The paper concludes with suggestions, which have the potential of putting in check the frequent collapse of buildings under construction in all parts of Nigeria. The new provision could well serve as a model for other common law and civil law jurisdictions. [ABSTRACT FROM AUTHOR]

Article 27 of the TRIPS Agreement remains the most controversial provision of the TRIPS Agreement. This provision on patentable subject matter stipulates what is permissible under patent law. This article evaluates the Patent and Designs Act by considering the extent of compliance of the Act as provided by the TRIPS Agreement. To this end, the paper proceeds in four parts excluding the introduction. In the first section, it situates the discussion within the general framework of Patent and Designs Act. The next section, turns to an examination of the compliancy of the law. Finally, in the fourth and fifth sections, it analyses the modifications necessary against the backdrop of the examination carried out in the previous section. In the concluding section, a summary of the compliance of the law in relation to the TRIPS Agreement is provided. [ABSTRACT FROM PUBLISHER]

Education, they say, is the bedrock of development and progress. The quest for Nigeria to provide tertiary education for her teaming secondary school leavers made her change her initial reluctance to invite private initiatives to participate in the provision of tertiary education in the country. With the licensing of the first private university in about a decade ago, the number has increased to 61, thus surpassing the number established by either the Federal or the States governments. The existence of private universities is old enough to invite an appraisal of whether or not they have satisfied the yearnings of the public or the government that allowed their existence. It is also important to examine whether or not they have operated according to the traditions of university system. Our paper is to examine the legal status of private universities in Nigeria. The importance of the legal regime of any endeavour cannot be overemphasized. From our research, we have noted the shocking fact that no private university in Nigeria is established by law in accordance with the Education (National Minimum Standards and Establishment of Institutions) Act 2004. This has numerous legal implications as to ownership, control, autonomy, delivery of quality education, labour, legal personality, life perpetuity and a host of other legal matters. These issues are addressed and concrete suggestions made so that private participation in tertiary education in Nigeria will be a blessing and not a curse to the educational sector in the future. [ABSTRACT FROM PUBLISHER]

This article compares the position of Nigerian courts regarding the admissibility of evidence obtained through torturevis-à-visthe position of few other countries. To this end, the paper takes a brief look at few cases in the USA, UK, India and South Africa to show the newly adopted approach to torture evidence. The discussion shows that this approach is an outright departure from the common law rule inKuruma v R,which Nigerian courts still largely hold on to. Against the background that principle of exclusionary rule ultimately allows an accused person to escape being punished even when it is obvious that he committed the alleged offence, the discussion attempts to strike a balance between the ensuing two competing interests, namely the interest of the state in the prevention and punishment of crime via administration of justice and that of individual citizen to enjoy his guaranteed human rights to privacy, liberty and dignity of the human person. [ABSTRACT FROM PUBLISHER]

The question of when and how a forum court should exercise jurisdiction in civil matters having foreign elements has been a controversial one among judges, legal writers and students of conflict of laws. In Nigeria, the problem is more pronounced as the state operates a federal system of government, with each state having its distinct legislature and court system. The issue of interstate (and international) choice of jurisdiction in Nigeria has become more prominent in recent times due to cultural, social and commercial exchanges between private individuals or corporations from different parts of the country. While the majority of legal systems in the world now allow their courts to be seized of any matter with a foreign element once there is nexus between such matter and the forum state, Nigerian courts do not appear to be thinking in that direction. The courts over the years have maintained, though erroneously, that it is only the court of the state where a cause of action arose that can exercise jurisdiction over such a matter, especially inin personamactions. This paper seeks to point out the fallacy of the Nigerian courts in applying a strict territorial approach to jurisdiction in matters having a foreign element; the injustice and inconvenience it may occasion; and the fact that such a ‘straight jacket’ approach is out of tune in the modern world jurisprudence of personal jurisdiction. [ABSTRACT FROM AUTHOR]

This article reviews women's quest to access land, property, and housing by inheritance and succession from their deceased father's or husband's estate and judicial responses thereto. It submits that tradition or custom-based gender differentiations are discriminatory against women on grounds of sex and are, as such unconstitutional. The problem has been the absence of a legal and policy framework empowering women and granting them explicit right to land in their capacity as citizens with full legal capacity as envisaged by both the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW: 1979); and the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol, 2003). The article also analyses the high illiteracy level that has made most women ignorant of the existing legislations and courts judgments which have recognised their rights to inheritance of real properties in Nigeria. The article finds that Nigeria through judicial activism is currently empowering women to access and inherit land, though more efforts are still needed to total liberate and enforce the rights of women to customarily inherit property. [ABSTRACT FROM AUTHOR]

In Benjamin v Kalio, a full court of seven Justices of the Supreme Court reversed earlier decisions on admissibility of unregistered land instruments in Nigeria. Applying constitutional provisions, Benjamin's case established that such documents are admissible under the Evidence Act which exclusively regulates admissibility of evidence in Nigeria. However, in Abdullahi v Adetutu, a regular court of five Justices simply restated the old rule without making reference to the Constitution, Evidence Act, or Benjamin's case which has not been upturned by the court. Following the principle of judicial precedent, it appears that the procedure adopted in Abdullahi's case was erroneous. [ABSTRACT FROM AUTHOR]

Presidents Donald Trump and Muhammadu Buhari of the United States and Nigeria respectively exercised their constitutional pardon power in recent times, in circumstances that many persons view as controversial. Although pardon power is well recognised, its scope has not, however, been fully explored. This article provides a nuanced articulation of the complexities inherent in the scope of pardon power. The questions it addresses are, can pardon be granted before conviction? Can pardon power be exercised to undermine court's power to penalise contempt? Can corporate entities be pardoned? Does a deceased person come within the scope of constitutional pardon power? [ABSTRACT FROM AUTHOR]

The article explores the requirement of insurable interest in insurance contracts and the varying degrees of statutory reforms thereto in the common law jurisdictions of the United Kingdom, Australia and Nigeria. It is argued that the doctrine has, most often than not, provided a technical defence to the insurers to evade just obligations. The statutory reform measures have addressed some perceived problems inherent in the strict application of the principle to meet the exigencies of contemporary society. It concludes that, notwithstanding the extent of the statutory reform in the Nigerian Insurance Law, further reform measures are desirable for greater improvement. [ABSTRACT FROM AUTHOR]

The imperative of sustainable development has constantly been internationally critiqued at scholarly level and acknowledged at the juridical level, culminating in the promulgation of the seventeen United Nations (UN) Sustainable Development Goals (SDGs). Despite the legitimization, one of the principal impediments encountered in the concretization of sustainable development agendas in Nigeria is the enforcement conundrum. Arguably, a crystallization of effective enforcement of sustainable development is deeply intertwined with government's re-prioritization of agendas whereupon it views social and environmental development as an integral and inseparable part of economic development. [ABSTRACT FROM AUTHOR]

The Secured Transactions in Movable Assets Act, 2017 (STMA or Act) was enacted by Nigeria's National Assembly to, amongst others, stimulate lending to micro, small and medium enterprises. The STMA, amongst others creates a collateral registry and assigns its supervision to the Central Bank of Nigeria (CBN), Nigeria's foremost financial regulatory agency. This article evaluates the CBN's role under the Act and contends that having regard to its regulatory focus, the assignment of this responsibility could jeopardize the realisation of the Act's objective of stimulating funding to small business entities. [ABSTRACT FROM AUTHOR]

Nigeria is bedeviled with an upsurge of terrorism. The country has adopted legislative measures in curbing the menace by enacting the Terrorism Prevention (Amendment) Act 2013.Proscription is relatively new to the Nigerian legal system; there is paucity of information on proscription in Nigeria. Proscription as contained in the Act remains controversial because it raises fundamental questions about fundamental rights and the limits of executive power. The Nigerian proscription regime do not operate in isolation, it is important to make comparisons in order to evaluate its effectiveness. In this article, it is observed that: The Nigerian regime on proscription is similar to that of Australia. Canada, the UK and the US; The enactment of antiterrorism law in these countries was catalyzed by an upsurge in terrorism; Proscription regimes often devolve wide discretions to the executive, with few effective checks and balances; In Nigeria, there is an absence of parliamentary debates as found in some countries; Outlawing groups who have divergent political ideologies or religious beliefs has serious implications for the individuals that are directly concerned and questions human rights principles. In conclusion, the proscription regime in Nigeria should seek to make a balance between security and fundamental rights of citizens. [ABSTRACT FROM AUTHOR]

There is a silent revolution going on among African states regarding the Rome Statute of the International Criminal Court (ICC). Some states that previously signed the Statute refused to ratify it. Some that ratified the Statute refused to domesticate it. Some that domesticated it withdrew or threatened to withdraw from it. Some that withdrew from it revoked their withdrawal. The African Union called for the mass withdrawal of African states from the Statute. Amid this storm of domestication and Afriexit, this study probes the question: what will be the status of Nigeria and South Africa on the ICC by 2022, considering the events in these states so far, evidence from data and the spate of domestication and exit procedures in homogeneous African states in contemporary times? The objectives of the study are to predict the status of Nigeria and South Africa by 2022 and reflect on the implication of the predictions for the on-going viability, sustainability and credibility of the ICC. It predicts that Nigeria has a zero per cent indication of domesticating the Statute. South Africa has 100 per cent positive indication to remain an ICC state party. [ABSTRACT FROM AUTHOR]

The Nigerian Government has taken measures to promote and protect rights of Nigerian children. This article reviews the practice of male genital mutilation or cutting (MGM/C) in Nigeria. It is the author's view that the practice of MGM/C of a male child in the country which inflicts agonising pain is barbaric, criminal, undemocratic, unconstitutional, unlawful and contrary to international human rights' norms. The author suggests the ban of MGM/C of a male child, except for medical indication in line with the approach in other countries, including the United States of America (USA). [ABSTRACT FROM AUTHOR]

Decades after the rule on admissibility of unregistered land instruments seemed to have been settled, the Supreme Court reversed itself in Benjamin v Kalio by revising the rule on admissibility of unregistered land documents. Benjamin's case overturned earlier decisions by establishing that unregistered land documents are admissible under the Evidence Act which regulates admissibility of evidence in Nigeria. Since 1979, 'evidence', which was formerly a residual matter, was taken to exclusive legislative list of the Constitution, apparently to cure the mischief in judicial proceedings before 1979. This made state laws that purport to regulate admissibility of evidence unconstitutional after 1979. [ABSTRACT FROM AUTHOR]

This study examines the conditions of prisons and the treatment of prisoners in Nigeria. The purpose of this examination is to determine compliance with the benchmarks for the treatment of prisoners and ascertain if prisoners' rights against ill-treatment are safeguarded. The study uses relevant laws, as well as published and unpublished reports, in order to paint a coherent picture of the conditions of prisons and the treatment of prisoners in Nigeria. This article comes to the conclusion that prisons in Nigeria are not operating satisfactorily according to their statutory duties, and instead of functioning as rehabilitation centres they end up contributing to human rights violation. [ABSTRACT FROM AUTHOR]

The courts are usually stuck in between the need to do substantial justice to litigants and the strict observance of procedural rules. The article considers this issue in Nigerian legal system using the Supreme Court’s decision in Yaki v Bagudu as a signpost. The article argues that the absence of any clear-cut guidelines on procedural irregularities often leads to legal uncertainty and unpredictability of results. Drawing on experiences from other jurisdictions, the article suggests a principled approach which distinguishes between irregularities affecting the substantive jurisdiction of courts and those which do not as a panacea. [ABSTRACT FROM AUTHOR]

Vesico Vaginal Fistula (VVF) is a major public health issue affecting women in developing countries, even though it is both preventable and treatable. There is a high prevalence of the ailment and also a large number of untreated victims in Nigeria. Against this background, this examines the factors responsible for obstetric fistulas especially VVF in Nigeria. The author agrees with the prevailing opinion among women’s human rights activists and other stakeholders, that these factors are either a direct violation of human rights, especially of girls and women, or a consequence of the infringement of their human rights. To this end, this work attempts an examination of the international, regional and national legal and human rights frameworks applicable to address VVF. The article highlights that unfortunately there are systemic challenges in the Nigerian legal jurisprudence itself operating as obstacles to the implementation and enforceability of those applicable laws. The work concludes with suggestions to overcome the identified challenges. [ABSTRACT FROM AUTHOR]