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Journal articles on the topic 'Constitution of the Federal Republic of Nigeria'
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1
Awotokun, Kunle. "Local Governments and Synchronous Issues Since Nigeria’s Fourth Republic." International Journal of Social Sciences and Management 8, no. 2 (April 28, 2021): 341–47. http://dx.doi.org/10.3126/ijssm.v8i2.34583.
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The paper examines the contentious issues bewildering local government as a level of governance in Nigeria’s federal system of government against the backdrop of classical theory and practice of federalism.
The article relies heavily on secondary data to run its analysis. Such data includes textbooks, journals, newspapers, magazines, periodicals, the Nigerian 1979 and 1999 constitutions, etc.
The findings are that there are lots of contradictions (inconsistencies) in the running of the Nigerian federal system of government. The federal government is fond of always arm-twisting state governments especially in the area of creating new local governments which has, no doubt, led to frustration, reactions and counter-reactions between the two tiers of government.
The work concludes on the note that there is the need to have a holistic review of Nigeria’s 1999 Constitution, with the view to returning the country to a true federal system akin to the Nigerian constitutions of 1960 and 1963 with modifications to reflect contemporary issues. This is the path of wisdom to stem the tide of separatist agitations in Nigeria and perhaps in plural African countries.
Int. J. Soc. Sc. Manage. 8(2): 341-347.
2
Ukoh, Francis N. Ukoh, and Rita A. Ngwoke. "Immunity Clause under the 1999 Constitution of Nigeria: A Dire Need for Reform." Journal of Politics and Law 14, no. 2 (December 27, 2020): 47. http://dx.doi.org/10.5539/jpl.v14n2p47.
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Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.
3
Ofo, Nat. "Amending the Constitution of the Federal Republic of Nigeria 1999." African Journal of Legal Studies 4, no. 2 (2011): 123–48. http://dx.doi.org/10.1163/170873811x577302.
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AbstractThe amendment of the Constitution of the Federal Republic of Nigeria 1999 has not been free of controversies. The latest controversy dogging the amendment relates to whether or not it is necessary for the President to assent to the Bill of the National Assembly amending the Constitution, even after the amendment has been ratified by at least two-thirds of the Houses of Assembly of the States of the Federation. There are two schools of thought on this issue; each with sound arguments in support of their respective position. A dispassionate and realistic consideration of the issue has been undertaken in this article. The conclusion is reached that the provision of the constitution dealing with its amendment is not free from ambiguity. Its lack of clarity on its amendment procedure has made it obviously in dire need of amendment. Consequently, necessary suggestions on how to resolve the issues, including the amendment of the amendment-provision of the constitution have been proffered.
4
Okoli, K. C. "Nigerian Citizenship Law: A Current Perspective." Journal of African Law 34, no. 1 (1990): 27–41. http://dx.doi.org/10.1017/s0021855300008172.
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Since 1979, there have been significant changes in the law relating to citizenship in Nigeria. These changes came with the enactment in that year of the Constitution of the Federal Republic of Nigeria 1979. The citizenship provisions of the 1979 Constitution have been slightly modified and reenacted in the 1989 Constitution which will come into effect on October 1, 1992. In this article, we shall examine the current Nigerian law on citizenship as ordained by the 1979 Constitution as well as the changes introduced by the 1989 Constitution. This will be done against the background of the historical development of citizenship laws in the country prior to, and since independence on October 1, 1960.
5
Egede, Edwin. "Who owns the Nigerian offshore seabed: federal or states? An examination of the Attorney General of the Federation v. Attorney General of Abia State & 35 Ors Case." Journal of African Law 49, no. 1 (April 2005): 73–93. http://dx.doi.org/10.1017/s0021855305000069.
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The decision of the Nigerian Supreme Court in the case of the Attorney General of the Federation v. the Attorney General of Abia State & 35 Ors. was delivered on 5 April, 2002 in respect of the proviso to section 162(2) of the 1999 Constitution of the Federal Republic of Nigeria, which incorporates what is popularly known in Nigeria as the “derivation formula”. It brought to the forefront the need to determine (especially as regards revenue derived from the oil and gas resources) whether the offshore bed of the territorial sea, exclusive economic zone and continental shelf of Nigeria should be regarded as part of the littoral states of the federation or not? This article critically examines the decision of the Supreme Court as it relates to the “ownership” of the offshore seabed as between the federal Government and the littoral states in the Federal Republic of Nigeria.
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Okonkwo, Theodore. "Ownership and Control of Natural Resources under the Nigerian Constitution 1999 and Its Implications for Environmental Law and Practice." International Law Research 6, no. 1 (October 30, 2017): 162. http://dx.doi.org/10.5539/ilr.v6n1p162.
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The right to ownership and control of natural resources under the Nigerian law is constitutional. The Constitution of the Federal Republic of Nigeria 1999 (as amended) section 44 (3) and item 39 Schedule II of the Exclusive Legislative List vests the control and management of the natural resources and hydrocarbon operations on the federal government for the common good and benefit of the citizens. This article aims at examining the constitutional provisions and its implications for environmental law and practice. It examines some theories of ownership of mineral resources and analyses the decisions of the Supreme Court of Nigeria on the subject, particularly the case of Attorney-General of the Federation v. Attorney General of Abia State & 35 Others (No. 2) (2002) 6 NWLR (Part 764) 542 where the Supreme Court of Nigeria made several judicial pronouncements on the constitutional question of the derivation principle and ownership and control of natural resources in the Nigeria Federation. This article concludes by advocating for reforms and further research on the subject matter. It recommends the adoption of what is obtainable in other jurisdictions like Canada and South Africa.
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Faga, Hemen Philip, Francis Aloh, and Uchechukwu Uguru. "Is the Non-Justiciability of Economic and Socio-Cultural Rights in the Nigerian constitution Unassailable? Re-Examining Judicial Bypass from the Lens of South African and Indian Experiences." FIAT JUSTISIA:Jurnal Ilmu Hukum 14, no. 3 (May 15, 2020): 203. http://dx.doi.org/10.25041/fiatjustisia.v14no3.1801.
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The 1999 Constitution of the Federal Republic of Nigeria, as amended (CFRN) recognizes the entitlement of every Nigerian within its borders to enjoy economic and socio-cultural (ESC) rights under Fundamental Objectives and Directive Principles of State Policy. However, the constitution seemingly renders these ESC rights non-justiciable or unenforceable. This paper examines the efforts of the Nigerian judiciary to bypass the non-Justiciability provision to enforce ESC rights in Nigeria. It mainly investigates the role of judicial decisions in other similar jurisdictions such as South Africa and India in shaping the jurisprudence of the enforcement of ESC rights in Nigeria. Therefore, the paper adopts the comparative method and recommends that both the Nigerian legislature and the judiciary should follow the example of enforcement of ESC rights in these other jurisdictions.
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Oniemola, Peter, and Oyinkan Tasie. "Engendering Constitutional Realization of Sustainable Development in Nigeria." Law and Development Review 13, no. 1 (February 25, 2020): 159–91. http://dx.doi.org/10.1515/ldr-2018-0079.
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AbstractThis article examines the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) that appear to be in tune with the tenets of sustainable development, which has received much attention at both international and municipal levels. It was found that the relevant aspects of the Constitution on sustainable development are contained in Chapter Two of the Constitution under the fundamental objectives and directive principles of state policy, which include environmental, economic and social objectives. The constitution provides for their non-justifiability to the effect that the court shall not entertain any question on implementation of the objectives. Therefore, constitutional basis for sustainable development in Nigeria has been whittled down. It is contended that given the importance of sustainable development to the well-being of Nigerians and the future generations, it is expedient that the provisions of Chapter Two of the constitution relevant to sustainable development be made justiciable in Nigeria.
9
Ihonvbere, Julius O. "A Critical Evaluation of the Failed 1990 Coup in Nigeria." Journal of Modern African Studies 29, no. 4 (December 1991): 601–26. http://dx.doi.org/10.1017/s0022278x00005681.
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The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this constitution.
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Enabulele, Amos O., and Anthony Osaro Ewere. "Can the Economic Community of West African States Community Court of Justice Enforce the African Charter Replicas of the Non-Justiciable Chapter II Human Rights Provisions of the Nigerian Constitution against Nigeria?" International Human Rights Law Review 1, no. 2 (2012): 312–37. http://dx.doi.org/10.1163/22131035-00102004.
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This article highlights a major source of tension between the Supplementary Protocol of the Economic Community of West Africa States Community Court of Justice (ECOWAS CCJ) and the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), in relation to the enforcement of economic, social and cultural (ESC) rights against Nigeria, as manifested in a recent decision of the ECOWAS CCJ in Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v Federal Republic of Nigeria and Universal Basic Education Commission. The focus of this article on the tension is both from the perspective of Nigerian law and of the ECOWAS CCJ. It argues that while the CFRN cannot deprive the ECOWAS CCJ of the jurisdiction expressly given to it by its Protocols, the CFRN does have implications for the enforcement of any decision of the ECOWAS CCJ that offends its provisions within the CFRN sphere of superiority.
11
Egede, Edwin. "Bringing Human Rights Home: An Examination of the Domestication of Human Rights Treaties in Nigeria." Journal of African Law 51, no. 2 (September 25, 2007): 249–84. http://dx.doi.org/10.1017/s0021855307000290.
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AbstractThis article analyses the domestication of human rights treaties in Nigeria. It points out the shortcomings of the present dualist model under the 1999 constitution of the Federal Republic of Nigeria and makes suggestions for reform. It also examines the effect of beliefs and cultural values on the effective application of human rights treaties in Nigeria.
12
Alloh, Bo. "An Evaluation of the Enforcement of Fundamental Rights and the Controversy of Jurisdiction of the Federal and State High Courts in Nigeria." Africa Journal of Comparative Constitutional Law 2020 (2020): 59–78. http://dx.doi.org/10.47348/ajcl/2020/a3.
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This article examines the issue of jurisdiction between various high courts on the enforcement of fundamental rights in Nigeria. Fundamental rights are derived from the constitution and are expressly entrenched in the constitution of a country. They vary from one country to another and are specifically enacted in a country’s constitution in line with the history and culture of the country. In Nigeria, jurisdiction is vested in both State and Federal High Courts with respect to the enforcement of fundamental rights. However, the jurisdiction of the State High Courts is ousted and donated to the Federal High Courts, once a case on fundamental rights falls under section 251 of the 1999 Constitution of the Federal Republic of Nigeria. The researcher adopted the doctrinal method of research. The objective of this article is to reveal that the concurrent jurisdiction of both the Federal and State High Courts to hear and determine applications to secure the enforcement of fundamental rights has led to years of seemingly unsettled controversies, academically and procedurally. However, this controversy has been settled in the case of FUT Minna v Olutayo. This article concludes that the Supreme Court decision in the case of FUT Minna v Olutayo supports the realisation of the enforcement of fundamental rights in Nigeria.
13
Guobadia, Osahon O. "The Relevance of the Judiciary in a Democratic Nigeria." African Journal of International and Comparative Law 20, no. 2 (June 2012): 301–17. http://dx.doi.org/10.3366/ajicl.2012.0035.
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A new constitutional democracy was established in Nigeria on 29 May 1999. This Fourth Republic was founded upon the Constitution of the Federal Republic of Nigeria 1999 (as amended) which unshackled the judiciary from the bondage of military decrees. This also brought excitement to the citizenry which finds expression in the belief that the judiciary, their last bastion of succour, is now poised to intervene in the inevitable tussle between might and the exercise of new democratic tenets. These tenets encompass the ideals of economic justice, political justice and social justice. 1 1 C. C. Nweze, ‘Judicial Sustainability of Constitutional Democracy in Nigeria: A Response to the Phonographic Theory of the Judicial Function’, in E. S. Nwauche and F. I. Asogwah (eds), Essays in Honour of Professor C. O. Okunkwo, (SAN) Jite Books (2000), p. 225. Against the backdrop of this reality, the article will examine the extent to which the judiciary in Nigeria has performed its constitutional role as an independent arm of government towards ensuring the observance of democratic values in a free, open, humane and civilised society.
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Read, James S. "Nigeria's New Constitution for 1992: The third Republic." Journal of African Law 35, no. 1-2 (1991): 174–93. http://dx.doi.org/10.1017/s0021855300008421.
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The 1979 Constitution of Nigeria was widely acclaimed as a boldly innovative attempt to introduce structures for democratic government which were new to the Commonwealth. These included the adoption of an American-style separation of legislative and executive powers, albeit with many distinctive elements, to replace the “Westminster model” which had been so productive of tension and conflict at both federal and regional levels under the Independence Constitution of 1960 and the Constitution of the First Republic (1963–66). The executive presidency also represented continuity with the realities of military government (1966–79). Although that transition from the Whitehall to the White House model in the Second Republic (1979–83) proved a short-lived experiment, the problems which precipitated the military coup of 31 December, 1983, or were cited as justifying it, were not attributed to defects in the basic constitutional structures but rather to the ways in which they had been operated by the politicians elected to office—many of whom, as survivors from the previous political era, were more familiar with “Westminster” than “Washington” Now a new generation of constitution-makers has affirmed, on behalf of the nation, its confidence in the basic scheme adopted in 1979: indeed, the new Constitution, enacted in 1989 for implementation in 1992, closely reproduces the structure and most of the detailed provisions of the 1979 Constitution; yet such similarity belies fundamental changes in the political system now in process of restoration.
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Nwafor, Anthony O. "Enforcing Fundamental Rights in Nigerian Courts – Processes and Challenges." African Journal of Legal Studies 3, no. 1 (2009): 1–11. http://dx.doi.org/10.1163/221097312x13397499736787.
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AbstractFundamental rights provisions have continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. The enforcement procedure, however, remains identical to the one provided in 1979, in the Fundamental Rights (Enforcement Procedure) Rules. The parliament has remained aloof to these obvious realities of the procedural complications. Social, political and economic factors have continued to constitute the greatest hindrances to the citizens' desire to seek redress for the infringement of their rights. This article evaluates the provisions on fundamental rights in the Nigerian constitution, and considers the extent of enforceability under the rules and jurisdiction of courts as provided in the constitution. Alternative dispute resolution may be the panacea for the legal and economic hindrances on rights enforcement. Recommendations are accordingly made for the government to facilitate and encourage the citizens to have recourse to mediatory process in less difficult cases.
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AFEGBUA,, Salami Issa, Kehinde Ohiole OSAKEDE,, and Barry Barisu NKOMAH. "STRUCTURAL CHALLENGES AND LOCAL GOVERNMENT ADMINISTRATION IN NIGERIA." LASU Journal of Employment Relations & Human Resource Management 1, no. 1 (December 1, 2018): 26–35. http://dx.doi.org/10.36108/ljerhrm/8102.01.0140.
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This paper examined the structural challenges and local government development in Nigeria. Local governments system in Nigeria, has taken different forms from one period to the other. There were series of reforms in the Nigerian local government system aimed at addressing the structural deficiency inherent in the third tier of government in Nigerian federation. Suffice it to say that, the development of local government in Nigeria is almost becoming an illusion as local governments faced with multifarious structural challenges which serve as impediments to its development. The study that relied on secondary data sources through a comprehensive review of relevant literature on the subject of discussion. The paper identified constitutional crises, undue political interference amongst others as major constraints to local government development in Nigeria. The paper submits that there is need to restructure the present local government system in Nigeria by going back to multi-tier local government in the 1950’s. Areas of contribution to its development were also identified and conclude that the Constitution of the Federal Republic of Nigeria should be amended to enable State Governments and the various State Houses of Assembly loosen their firm grip on the local governments in order to allow the local government authorities take initiative that will enhance its growth and development.
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Edu, OK. "A Critical Analysis of the Laws of Inheritance in the Southern States of Nigeria." Journal of African Law 60, no. 1 (July 2, 2015): 141–55. http://dx.doi.org/10.1017/s0021855315000133.
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AbstractThis article critically examines the customary laws of inheritance in the communities of southern Nigeria. It argues that the rules are skewed against female beneficiaries, both wives and children. It also argues that courts faced with such customs should subject them to the repugnancy test contained in the Evidence Act 2004, the Constitution of the Federal Republic of Nigeria 1999 and other international conventions to which Nigeria is party, as do the courts in Ghana, South Africa and Botswana.
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Adetiba, Toyin Cotties. "Dynamics of Ethnic Politics in Nigeria: An Impediment to its Political System." Journal of Economics and Behavioral Studies 11, no. 2(J) (May 13, 2019): 132–44. http://dx.doi.org/10.22610/jebs.v11i2(j).2828.
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Without any form of prejudice, it is a fact that Nigeria is a multi-ethnic state with differences in its socio-political and economic development all of which have resulted in conflicts and counter conflicts. Ethnic politics in Nigeria’s political system have come to be a tragic and constant in Nigeria’s political system; where one must belong to the mainstream of ethnic politics for political relevance. It depicts attachments to the sub-national ethnic groups which threaten to undermine national integration and therefore divide the nation. Significantly, ethnicity in Nigeria was orchestrated by a long period of colonialism, a period which witnessed the ascendancy of the three major ethnic groups in Nigeria to the socio-political domination of other ethnic groups. It was a period when the three major ethnic groups were used by the colonialist as a pedestal for the distribution of socio-political and economic goods. Using a mixed method, this work argues that Nigeria’s political problem hinges on the negative consequences of ethnic politics. The paper concludes that if Nigeria’s political system must progress, it must be anchored on the need for the review of the constitutional and political structure of Nigeria to restore healthy political competition as opposed to the existing outdated political mechanism imposed on Nigeria by the military under the 1999 Constitution of the Federal Republic of Nigeria.
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Onyemelukwe, Cheluchi. "Discrimination on the basis of HIV status." International Journal of Discrimination and the Law 17, no. 3 (August 21, 2017): 160–79. http://dx.doi.org/10.1177/1358229117727415.
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HIV/AIDS remains a significant public health challenge in Nigeria, with over three million persons living with the condition. Throughout the history of HIV/AIDS in Nigeria, persons living with the condition have faced stigma and discrimination in various areas including access to health services, access to education, access to employment, among others. In the past, because of lacunae in Nigerian law and jurisprudence, it has been the subject of debate whether Nigerians living with HIV/AIDS are adequately protected by law. Recent developments in legislation such as the federal HIV/AIDS Anti-Discrimination Act, 2014 and judicial decisions in 2012 and 2016 on discrimination on the basis of HIV status suggest a positive shift of the law to full protection of the rights of persons living with HIV/AIDS in Nigeria, particularly in the area of employment. This article provides an analysis of these recent developments in the law and argues that the time has come to amend the Constitution of the Federal Republic of Nigeria to include health status as a ground upon which one cannot be unduly discriminated against.
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Essien, Enefiok. "The jurisdiction of State High Courts in Nigeria." Journal of African Law 44, no. 2 (2000): 264–71. http://dx.doi.org/10.1017/s0021855300012249.
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The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. The section provides:“236(1). Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating ot any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”
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Garba, Ahmed Salisu. "Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria." Brill Research Perspectives in Law and Religion 1, no. 4 (January 24, 2018): 1–82. http://dx.doi.org/10.1163/24682993-12340004.
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AbstractThe re-enactment of religious preaching board laws to regulate religious preaching in some states of Northern Nigeria generated debates between Government on the one hand and religious/human rights groups on the other. This research examines the Preaching Board Laws of Kano, Borno and Kaduna States in Northern Nigeria through the prism of the Nigerian Constitution and other democratic norms that relate to the right to freedom of religion in all democratic orders. It applies argumentative methodology to raise and analyse the following questions: how reasonable and justifiable are these religious preaching board laws in a democratic Nigeria?; what gave rise to the enactment of these laws in the states under study?; what judicial review mechanism would be employed to determine their reasonableness and justifiability in a democracy?; how do they accord with the freedom of religion clause in the Constitution of the Federal Republic of Nigeria? The research establishes that some of the provisions of these laws are inconsistent with the provisions of the Nigerian Constitution and, by extension, international freedom of religion norms operating in all democratic orders. Second, Nigerian courts have not developed suitable balancing mechanisms for resolving conflicts between the right of the state to regulate and citizens’ right to freedom of religion otherwise called the two competing rights, in the light of which the research calls for the amendment of the laws to accord with the provisions of the Constitution and international freedom of religion norms acceptable in all democracies. The paper further recommends a harmonised proportionality test or judicial standard of review based on Nigeria’s religion-state relations and local experience for the use of courts, legislators and administrative agents coming face to face with this type of conflict in their official capacity.
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Okeke, GN, and CE Okeke. "An Appraisal of the Functional Necessity of the Immunity Clause in the Political Governance of Nigeria." Journal of African Law 59, no. 1 (March 13, 2015): 99–120. http://dx.doi.org/10.1017/s0021855315000030.
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AbstractImmunity is an exemption conferred on a person in order to protect him from litigation or persecution. The Constitution of the Federal Republic of Nigeria 1999 as amended accords immunity to the president, vice-president, governors and deputy governors only. The import of this constitutional conferment is that no civil or criminal proceedings should be instituted against them while in office. This singular feature of the immunity clause emphasizes the functional necessity of the immunity which the constitution canvasses for these political office holders. A trial relating to any crime committed by any of them can commence after their tenure in office expires. This raises the issues that evidence against them might have been destroyed, prosecution witnesses may die before the trial commences and changes in the law can enable them to evade justice.
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Akindele, S. T., O. R. Olaopa, and A. Sat Obiyan. "Fiscal Federalism and Local Government Finance in Nigeria: An Examination of Revenue Rights and Fiscal Jurisdiction." International Review of Administrative Sciences 68, no. 4 (December 2002): 557–77. http://dx.doi.org/10.1177/0020852302684004.
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The most severe problem facing public institutions in Nigeria is the fiscal one, particularly in local government. This problem has been provoked by a number of factors, including ‘over dependence’ on statutory allocations from both the state and federal governments, deliberate tax evasion by the local citizenry, creation of nonviable local government areas, differences in the status of local governments in terms of the rural–urban dimension, and inadequate revenue and restricted fiscal jurisdiction. This article examines these factors and their attendant problems, implications and effects within the context of the fiscal federalism established by the 1999 constitution of the Federal Republic of Nigeria. For financially healthy local governments to exist, responsibilities and functions must be allocated in accordance with their taxing power and ability to generate funds internally. The constitutional provision that recognizes local governments’ power in this regard must give them full freedom to operate and this must be well guaranteed and adequately protected. These measures, coupled with a review of the revenue-sharing formula, the granting of fiscal autonomy and fiscal discipline as well as making local government responsive, responsible and accountable to the people will set local governments free from the fiscal stress promoted and strengthened by the 1999 constitution.
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Baba, Yahaya T. "Power Sharing and the Implications for Democratic Governance in Nigeria: The Case of National Assembly (1999–2011)." Mediterranean Journal of Social Sciences 8, no. 4 (July 27, 2017): 111–21. http://dx.doi.org/10.1515/mjss-2017-0010.
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AbstractGiven the diverse nature of the Nigerian society and the tension associated with political contestations, particularly elective positions at various levels of government, some power sharing frameworks evolved in both formal and informal contexts. The ‘Federal Character Principle’ for instance, which is a constitutional provision that requires the sharing of major political and bureaucratic positions among the diverse people of Nigeria is meant to ensure fair representation, equitable distribution of political incentives and sense of belonging. This principle is also internalized by the major political parties in Nigeria in their candidates′ selection procedures and indeed by the legislature in determination of candidates for legislative leadership positions. Thus using the National Assembly of Nigeria from 1999-2011, the paper examined the extent to which formal and informal power sharing arrangements affects democratic governance in the country. The paper relied on secondary sources of data, which include official documents such as the Constitution of the Federal Republic of Nigeria, constitutions of various political parties, newspaper and bulletins and some extant literature. Theoretically, Lijphart’s (1968; 1977; and 1990) consociational model of Proportional Representation (PR) provided the guide to understanding the power sharing arrangement in Nigeria’s democracy and particularly the informal arrangement within the National Assembly. This theoretical stance, though contradicts the broader theory of legislative institutionalization, is seen as an effective strategy for dousing tensions, curtailing upheavals and ensuring mutual trust among the diverse groups of Nigeria for democratic stability. The paper, however, argues that the informal power sharing arrangement in the Nigeria’s National Assembly undermines its autonomy, complexity and the principle of universal procedure of conducting legislative business. Essentially, the power sharing arrangement affects the stability of legislative leadership which is central to legislative autonomy and its institutionalization as well. The paper concluded that while the National Assembly in Nigeria is unlikely to institutionalize conventionally, the fragile nature of the informal arrangements of power sharing may also be a source of tension and conflict once it is obstructed.
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Arimoro, Augustine Edobor. "Are they not Nigerians? The obligation of the state to end discriminatory practices against persons with disabilities." International Journal of Discrimination and the Law 19, no. 2 (May 30, 2019): 89–109. http://dx.doi.org/10.1177/1358229119846764.
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Nigeria has ratified several international instruments that protect the rights of, and guarantee freedom from discrimination of persons with disabilities (PWD). Despite the above, the country is yet to fully implement the appropriate measures required to achieve the objective of protecting PWD. Successive administrations since the return to civil administration in the country in 1999 have not fulfilled the mandate in the 1999 Constitution of the Federal Republic of Nigeria (as amended) dealing with disability rights. While the passing into law in January 2019 of the Discrimination Against Persons with Disabilities (Prohibition) Act 2018 is commendable, it only reflects the pressure on the Federal Government of Nigeria by disability rights advocates and PWD. This article aims to, among others, highlight the plight of PWD in Nigeria, the need to protect their rights and guarantee their freedom from discriminatory practices. To achieve this aim, a review of international and domestic instruments, as well as literature on the subject, is undertaken. The article proposes that the Nigerian government should aim towards inclusivity and accommodation of PWD. For example, instead of merely establishing special schools for PWD, there should be a design to allow for the training of teachers to meet the needs of special children in regular schools.
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Akinwumi, Olayinka Silas. "Legal Impediments on the Practical Implementation of the Child Right Act 2003." International Journal of Legal Information 37, no. 3 (2009): 385–96. http://dx.doi.org/10.1017/s0731126500005400.
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The general frameworks within which human rights are protected in Nigeria are enshrined in the 1999 Constitution of the Federal Republic of Nigeria. Chapter IV contains an elaborate Bill of Rights. The right guaranteed include: the rights to life, the rights to personal liberty, the rights to fair hearing and the right to freedom of movement among others. Section 42 prohibits unjustifiable discrimination on basis of “ethnic group, place of origin, sex, religion or political opinion.” As for penal infractions, Nigeria has two separate codes, one applying to Southern Nigeria (Criminal Code) and one applicable to Northern Nigeria (Penal Code). These provide for offences against persons, including homicides, assaults and different kinds of sexual and gender specific violations such as rape.
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NWAUCHE, E. S. "THE RIGHT TO FREEDOM OF RELIGION AND THE SEARCH FOR JUSTICE THROUGH THE OCCULT AND PARANORMAL IN NIGERIA." African Journal of International and Comparative Law 16, no. 1 (March 2008): 35–55. http://dx.doi.org/10.3366/e0954889008000054.
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The widespread belief1 in the occult and paranormal in Nigeria in the context of the freedom of thought conscience and religion guaranteed by section 38 of the 1999 Constitution of the Federal Republic of Nigeria is the basis of this article which examines the search for justice through the occult and paranormal. By the paranormal which is used interchangeably with supernatural I mean phenomena which cannot be explained by science and reason. To some people “occult” does mean the same thing as paranormal. However for many others “occult” refers to paranormal phenomena which is evil and destructive and includes practices such as witchcraft2
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AJULO, SUNDAY BABALOLA. "REFLECTIONS ON SECTIONS 51 AND 91 OF THE 1979 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA." African Affairs 89, no. 357 (October 1990): 511–22. http://dx.doi.org/10.1093/oxfordjournals.afraf.a098329.
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OBIKWU, EMMANUEL. "THE FEDERAL CONSTITUTION, NATIONAL- ETHNIC MINORITY GROUPS AND THE CREATION OF STATES: THE POST–COLONIAL NIGERIAN EXPERIENCE." Petita : Jurnal Kajian Ilmu Hukum dan Syariah 2, no. 1 (September 8, 2017): 1. http://dx.doi.org/10.22373/petita.v2i1.1811.
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Critics will retort that there are well over 400 ethno-linguistic groups in Nigeria and each of them cannot have their own state! This is acknowledged and is not an altogether unfounded claim. It, however, underestimates inter-communal and interethnic relations which in Nigeria is generally cordial. Several states in the country are strictly speaking not entirely homogenous ethnically but are composed of several minority groups living together in harmony. Furthermore, there are criteria which ethnic groups agitating for states within Nigeria must meet. Political negotiations, rallies, campaigns and the like all play a part in the realization of the legitimate aspirations of ethnic minorities within a constitutional democracy. Undoubtedly, the operation of Federal Republican Constitution and the creation of states continues to attract constructive criticism. Thus, it has been argued against Nigeria’s Presidential Federalism that this type of republican constitutionalism continues to sustain and perpetuate the status of the predominant tribes more powerfully than would have occurred in a unitary system.
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Arimoro, Augustine Edobor. "Persons with Intellectual Disability and Access to Justice in Nigeria: Challenges and the Way Forward." Hasanuddin Law Review 5, no. 2 (August 14, 2019): 180. http://dx.doi.org/10.20956/halrev.v5i2.1561.
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Conservatively, there are approximately about two million persons in Nigeria who may be referred to as persons with intellectual disabilities. These persons suffer from several challenges ranging from economic to non-inclusion in the society. In the paper, the discussion focuses on persons with intellectual disabilities and the effective access to justice as a fundamental right. The paper finds that even though Nigeria has adopted and ratified the United Nations Convention on the Rights of Persons with Disabilities, the Federal Government of Nigeria has not been proactive in supporting the persons with disabilities in the country to enjoy these rights. Furthermore, despite the provision in the 1999 Constitution of the Federal Republic of Nigeria to ensure freedom from discrimination, there is no direct effect on procedure to ensure that the rights of the disabled persons are protected. The paper proposes for a framework for the protection of the person with intellectual disability which includes legal protection, legal awareness, legal aid, adjudication and for civil society oversight of the access of persons with intellectual disabilities to justice.
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Abdul-Majeed Alaro, AbdulRazzaq, and Abdulrahman Habeeb Alalubosa. "Potential of Sharī’ah compliant microfinance in alleviating poverty in Nigeria." International Journal of Islamic and Middle Eastern Finance and Management 12, no. 1 (March 4, 2019): 115–29. http://dx.doi.org/10.1108/imefm-01-2017-0021.
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Purpose This paper aims to explore the option of Sharī’ah-compliant microfinance as a viable alternative to many previous approaches adopted by the Nigerian State in tackling the menace of poverty in the land. In spite of many poverty alleviation policies and interventions of the past three decades, millions of Nigerians still live in abject poverty, while thousands of university graduates roam the streets looking for jobs. Many unemployed Nigerians with good business ideas are usually discouraged by the alarmingly high interest rate charged on start-up capitals by local banks. Design/methodology/approach To achieve its objective, this paper used both analytical and qualitative methods after thoroughly examining many relevant literature and empirical works. The study explores four Sharī’ah tools for the implementation of the proposed scheme, to wit: musharakah, mudharabah, zakat and waqf. Findings The study finds that the suggested Sharī’ah tools are viable and sustainable in lunching microfinance projects in the Nigerian context. The paper further argues that exploring Islamic non-interest microfinance options will guarantee the financial inclusion of a large percentage of Nigerians, pursuant to the Constitutional provision on economic rights of the entire citizenry (s.16 of the 1999 Constitution of the Federal Republic of Nigeria, as amended). Originality/value The paper identifies a yet-to-be explored viable option, with great potential not only in enhancing government policies for poverty alleviation but also in assuring a large percentage of the citizens of financial inclusion.
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Okukpon, Irekpitan, and Ijeoma Anozie. "Justifying Water Rights in Nigeria: Fiction or Achievable Panacea?" Law and Development Review 11, no. 2 (June 26, 2018): 757–800. http://dx.doi.org/10.1515/ldr-2018-0037.
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Abstract Nigeria, like other countries in the world, competes for available water resources due to the increasing demands for the resource as a result of agricultural and other industrial activities. Nigeria’s current National Water Policy 2017 is vague regarding the enforcement of the right to water, with an absence of institutions to actualise same. The provisions under chapter II of the Constitution of the Federal Republic of Nigeria 1999 does not provide a justiciable cushion for the actualisation of this right. This paper examines the reality of the right to water in Nigeria, using South African policy as a model. It interrogates the feasibility of existing policy on water in Nigeria against the backdrop of the South African right to water, which is justiciable and hailed as one of the most proactive in water legislation around the world. The paper concludes with recommendations on the justifications for the right to water in Nigeria, advocating systematic engagements with government and community stakeholders as a key driver towards achieving sustainability and entrenchment of the right to water in Nigeria.
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Bukar, Modu Alh Bukar, Mohammed Kaka, and Mai Dunoma Zannah. "Press freedom and media ownership are factors that influence media performance: comparative analysis of these factors in USA and Nigeria." Technium Social Sciences Journal 1 (December 1, 2019): 13–20. http://dx.doi.org/10.47577/tssj.v1i1.31.
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The paper is to examine the influence of press freedom and media ownership in the performance of the media institutions in the United States of America and Federal Republic of Nigeria. However, in order to set for such discourse there is indispensable need to review some of the normative theories of the media, which will enable us to locate the appropriate principles guiding the operation of the media in each countries under study. The subdivided into: Abstract, Introduction, Normative Theories of the press, press freedom in United States, press freedom in Nigeria (democracy and press freedom, freedom of information act and conclusion). The analysis concludes that, The United States even has provision in their law and constitution forbidding state interference in the area of information content and dissemination. In Nigeria however, the state control society including the mass media. In this regard, whether media are owned by public or private individuals, they are only meant to service the government in power and were forbidden to criticize the government or its functionaries. The paper recommends that, For Nigerian press to be free the country should militate the all laws or factors that against the press freedom and Members of the Nigerian press must adhere to the ethics of the profession, in order to compete with others freers press of the other countries.
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Innocent, Alfa Patrick, and Otaida Eikojonwa. "Candidate Selection and the Electoral Prospects of the Peoples' Democratic Party (PDP) In Nigeria: 1999-2015." Review of Politics and Public Policy in Emerging Economies 1, no. 2 (December 31, 2019): 87–93. http://dx.doi.org/10.26710/rope.v1i2.1136.
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Objective: The essence of this article is to examine the centrality of candidate selection in the changes in the electoral fortunes of the Peoples' Democratic Party (PDP) in Nigeria from 1999 to 2015.Methodology: This paper is qualitative and conceptual in nature. The issues were analysed under various related themes. The data were gathered through the secondary method such as textbooks, journal articles, reports of election observer teams, party constitutions, workshop papers, Independent National Electoral Commission (INEC) documents, the Electoral Acts and the 1999 Constitution of the Federal Republic of Nigeria. The analysis of the information gathered helped to manifest the factors that were responsible for the electoral setbacks suffered by the People’s Democratic Party (PDP) which led to the triumph of the hitherto opposition party, the All Progressives Congress (APC) in the 2015 general elections.Results: The paper discovered that interferences and manipulation in the candidate selection procedures in particular and gross disregard for internal party democracy in the Peoples' Democratic Party led to its electoral misfortunes in the 2015 elections.Implication: The paper avers that political parties are fundamental elements in any democratic setting, but for them to retain and boost their electoral chances they must adopt a transparent candidate selection process and adhere to the other tenets of internal party democracy.
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Adegbite, Idowu. "Human Rights Protection and the Question of Good Governance in Nigeria." AGOGO: Journal of Humanities 4 (February 14, 2021): 11. http://dx.doi.org/10.46881/ajh.v4i0.219.
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Nigeria is a signatory to several international human rights instruments , in addition to these, the Constitution of the Federal Republic of Nigeria 1999 (as amended) profusely contained provisions on the protection of human rights of peoples in Nigeria, yet violation of human rights still goes on in the country . The effects of the violations are grave and include loss of lives; loss of limbs or vital organs; loss of properties, loss of freedom, and loss of unhindered access to basic existential needs and so on. These violations are possible because the regime of good governance in all its ramifications is not yet in place. Bad governance is one of the recipes for massive abuse of human rights. The structures and institutions for the observance of good governance in Nigeria are in place, but they have been deliberately crippled by the successive governments. This paper submits that the nexus between good governance and the protection of human rights makes it mandatory that the enthronement of good governance is a must in Nigeria. This enthronement, in a sustainable manner is possible but it imposes a duty on all and sundry.
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Onyeaku, Chukwuka, and Tonye Clinton Jaja. "Teaching Constitutional Law Using Real-life Examples: An Example from the Practice of Assent to Bills Passed by the National Assembly After the Tenure of Office of the President and the Assembly." Asian Journal of Legal Education 7, no. 2 (April 9, 2020): 140–51. http://dx.doi.org/10.1177/2322005820914567.
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As a matter of tradition and necessity, teachers of constitutional law within Nigeria (and elsewhere) are often compelled to refer to case law to provide illustrations of principles of constitutional law as enshrined in the constitution of the Federal Republic of Nigeria, 1999 (as amended). However, in some instances, where the said constitution does not provide explicit provisions, teachers of constitutional law are compelled to cite foreign case law as persuasive precedents. Still there are instances wherein there are neither foreign case law nor indigenous case law as precedents. In such situations, teachers of constitutional law are compelled to examine existing case law and relevant legislation until there is a pronouncement from either the Supreme Court or an alteration of the constitution by the National Assembly. One such situation is the subject of the analysis in this article: the situation whereby a president provides assent to bills after the expiration of the tenure of the National Assembly. As legislative tradition, the last session of each Chambers of the Nigeria’s National Assembly culminating each legislative term is usually a valedictory Session. Accordingly, Thursday, 6 June 2019 witnessed the last Session of the eighth National Assembly. As the president transmitted a Proclamation letter terminating the term of the eighth National Assembly inaugurated on 9 June 2015, it becomes paramount to examine the legal and constitutional implications of bills passed by the eighth National Assembly between 2016 and 2018 and up to 5 June 2019, which were assented to by the president after the tenure of the Assembly and office of the president. Thus, this article examines the constitutionality or otherwise of assenting to bills passed by the National Assembly and assented to by the president after the expiration of tenure of their offices. The article argues that the provisions of the 1999 Constitution had been violated when the president signed into law bills passed by the eighth National Assembly after the tenure of office of the president and the eighth National Assembly. It concludes that bills rejected by the president will require another legislative process of being passed into law again by the same Assembly or subsequent one before it can be assented to by the president. Failure to follow this constitutional process will render the assent unconstitutional.
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Awodi, Peter Inalegwu. "‘Pilfering the commons’ through law: Global land governance and its impact on Nigerian smallholder women farmers in an age of land grabbing / Voler les biens communs par la loi: La gouvernance foncière mondiale et son impact sur les petites agricultrices nigérianes à l’ère de l’accaparement des terres." Journal of the African Union Commission on International Law 2021 (2021): 131–61. http://dx.doi.org/10.47348/aucil/2021/a4.
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This study digresses from the dominant narratives advanced in extant literature which have mainly analysed the question of national sovereignty over natural resources in Nigeria from the perspective of contestations over crude oil in the restive Niger Delta region. This study brings a fresh insight to the debate about national sovereignty over natural resources by examining the interface between international law and national land governance laws in an age of land grabbing in Nigeria. This study reveals how provisions of the ‘Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests’, international human rights laws, international investment laws, the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Land Use Act of 1978 were deployed to reinforce land grabbing by foreign capitalist agribusiness firms in Nigeria. Findings from the study reveal how the 2007/2008 global economic recession shifted investors’ interest to agriculture, leading to a renewed interest in acquiring large swathes of farmlands in Nigeria. The instrumentality of international and Nigerian laws was deployed in the processes of acquiring, establishing and operationalising these controversial commercial farms. A combination of superimposing international and national legal frameworks underpinning investments, land tenure systems and human rights was invoked to acquire land to establish the 15 000-hectare Casplex Farms, the 13 000-hectare Shonga Farms, and the 10 000-hectare Olam International Rice Farm in northcentral Nigeria. Basically, provisions in section 12.1 of Part 4 of the FAO’s ‘Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests’, art 17(1) of the UDHR, s 43 of Part 4 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and s 28(1) of Part 5 of the Land Use Act of 1978 have reinforced land grabbing in Nigeria. At the same time, the study, which draws on historical and exploratory research designs, brings to light the human security implications of such expropriation of indigenous farmland used by vulnerable smallholder women farmers who hold fragile customary rights to land. The study recommends the review of legal instruments on the control of land resources to prevent exploitation by capitalist foreign investors and to provide adequate legal protection for peasants to curtail institutional arbitrariness. Cette étude se dissocie des études existantes dans la littérature qui ont le plus souvent analysé la question de la souveraineté nationale sur les ressources naturelles au Nigeria sous l’angle des contestations sur le pétrole brut dans la région rebelle du Delta du Niger. Cette étude apporte un nouvel aperçu dans le débat à propos de la souveraineté nationale sur les ressources naturelles en examinant l’interface entre le droit international et les lois nationales de gestion de la question foncière à l’ère de l’accaparement des terres au Nigeria. Cette étude révèle comment les dispositions des « Directives volontaires pour une gouvernance responsable des régimes fonciers applicables aux terres, aux pêches et aux forêts », les lois internationales sur les droits de l’homme, les lois internationales sur les investissements, la Constitution de la République Fédérale du Nigeria 1999 (telle que modifiée) et la loi sur l’utilisation de la terre ont été déployées pour renforcer l’accaparement des terres par les entreprises capitalistes étrangères agro-industrielles au Nigeria. Les recherches montrent comment la récession économique mondiale de 2007/2008 a dévié l’intérêt des investisseurs vers l’agriculture, ce qui a suscité un intérêt pour l’acquisition de grandes parcelles de terres agricoles. L’instrumentalisation des lois internationales et nigérianes ont été déployées dans ce processus d’acquisition, d’établissement et d’opération de ces plantations commerciales controversées. Une combinaison suprême des cadres juridiques internationaux et nationaux sous -tendant les investissements a été invoquée pour acquérir les terrains pour établir la plantation Casplex de 15 000 hectares, la plantation Shonga de 13 000 hectares, et la rizière d’Olam International de 10 000 hectares dans le centre-nord du Nigeria. Essentiellement, les dispositions de l’article 12 alinéa 1er Partie 4 des « Directives volontaires pour une gouvernance responsable des régimes fonciers applicables aux terres, aux pêches et aux forêts », de la FAO, article17 alinéa 1er de la Déclaration universelle des droits de l’Homme, article 43 de la Partie 4 de la Constitution de la République Fédérale du Nigeria 1999 (telle que modifiée), et l’article 28 alinéa 1er de la loi sur l’utilisation de la terre de 1978 ont renforcé l’accaparement des terres au Nigeria. Dans le même temps, cette étude qui s’inspire des modèles de recherches historiques et exploratoires, met en relief les implications sur la sécurité humaine d’une telle expropriation des terres agricoles autochtones utilisées par des petites agricultrices détenant des droits coutumiers fragiles sur la terre. Cette étude recommande la revue des instruments juridiques sur le contrôle des ressources foncières afin de prévenir l’exploitation des investisseurs étrangers capitalistes et de prévoir une protection juridique adéquate aux paysans pour réduire l’arbitraire institutionnel.
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Barr, Emmanuel Imuetinyan Obarisiagbon. "Caught, clubbed and burnt: criminological reflections on the incidence of jungle justice in Benin Metropolis, southern Nigeria." AFRREV IJAH: An International Journal of Arts and Humanities 7, no. 3 (September 10, 2018): 32–40. http://dx.doi.org/10.4314/ijah.v7i3.4.
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All over Southern Nigeria, incidents of people taking the law into their hands and meting out instant justice on suspected criminals without recourse to the rule of law and the position of Section 33 (1) of the 1999 Constitution of the Federal Republic of Nigeria abound. This motivation for participation in jungle justice was therefore explored. A combination of both qualitative and quantitative techniques was employed to collect data from six hundred and fifteen respondents. A descriptive analysis of the quantitative data collected was undertaken, using frequency distribution while the qualitative data were content analysed. Findings from this study reveal that motivation for jungle justice was multifaceted. Illiteracy, lack of trust on the police, flaccid court system, chronic anger due to economic situation and disregard for the rule of law and human right were some of the motivation for the alarming incidence of the social phenomenon. Based on the findings of this study, there is the need to overhaul the criminal justice processes with a view to boosting the confidence of the public in its activities and also embark on a teaching on no violence and the ills of jungle justice.Keywords: Jungle justice, court, police, human rights
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Igwenyi, Benjamin O., Chinwe C. Nwogbo-Egwu, and Chinedu A. Igwe. "Nigerian Governors Get Jittery When “State of Emergency” Is Mentioned: A Juristic Overview of S.305 of the Constitution of the Federal Republic of Nigeria, 1999 as Amended." Beijing Law Review 10, no. 05 (2019): 1346–55. http://dx.doi.org/10.4236/blr.2019.105072.
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the federal executive council of Nigeria." Journal of Money Laundering Control 22, no. 2 (May 7, 2019): 176–87. http://dx.doi.org/10.1108/jmlc-06-2017-0021.
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Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the national judicial council of Nigeria." Journal of Money Laundering Control 21, no. 3 (July 2, 2018): 253–63. http://dx.doi.org/10.1108/jmlc-01-2017-0001.
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Purpose This paper aims to examine the new anti-corruption policy of the National Judicial Council of Nigeria to determine the level of effectiveness of its preventive measures and to provide recommendations on how the policy could be strengthened. Design/methodology/approach This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research. Findings This paper determined that the anti-corruption policy of the National Judicial Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: The Central Bank of Nigeria should permanently discontinue production of large denomination bank notes like the 1,000 naira notes and the 500 naira note. This policy will make it more difficult for corrupt judicial officers to smuggle significant amounts of cash out of Nigeria. The Constitution of the Federal Republic of Nigeria should be amended to allow ordinary citizens to participate in the criminal justice system. The jury system will speed up corruption trials, reduce bias, corrupt inducement of judges and enhance administration of justice in Nigeria. Statutes and civil procedure rules should require lawyers to certify “after reasonable enquiry” that motions have not been interposed for delay. As most courts experience high rates of adjournment because of medical illness, the adjournment policy of the National Judicial Council of Nigeria should be amended to require a doctors’ certificate and, if necessary, require the doctor to appear, with costs met by the lawyer. The National Judicial Council of Nigeria should be constitutionally mandated to provide the Attorney General of the Federation with a copy of any petition filed against a judicial officer by a member of the public. Research limitations/implications This paper focuses on the new anti-corruption policy of the National Judicial Council of Nigeria. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the National Judicial Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Hamid, Rafatu Abdul. "Fundamental Human Rights of Women: Islamic Panacea for Rights Abuses." Millati: Journal of Islamic Studies and Humanities 4, no. 1 (June 15, 2019): 99–116. http://dx.doi.org/10.18326/mlt.v4i1.99-116.
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Fundamental human rights provisions had continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. In addition, there had been a rise in the activities of human right groups in Nigeria in order to ensure the protection of fundamental human rights of all people. Despite all these, women fundamental human rights abuse was on the increase in Nigeria. The case of domestic violence, kidnapping, sexual harassment, women trafficking, killings, denial of the right to Education etc, are common occurrences. These abuses among others are responsible for physical and psychological underdevelopment of women and girl child which in turn affects their input in the development of their nation. It is against this backdrop that this paper examines two abuses of women fundamental human rights: abuse of right to life and education. The paper also discusses the instrumentality of effective use of the Islamic panacea in tackling the abuse of women fundamental human rights in Nigeria. The study relied on primary and secondary sources of information. It concludes by recommending that, for the full observance of human rights, an international control must be set up to supervise enforcement, as well as the education of the women and society in general.
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Nfobin, E. H. Ngwa. "The Francophone/Anglophone Split over Article 47 of the Constitution of the Federal Republic of Cameroon: An Abiding Malaise with an Explosive Charge." African Journal of International and Comparative Law 25, no. 4 (November 2017): 538–60. http://dx.doi.org/10.3366/ajicl.2017.0211.
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Voting in 1961for reunification with the Republic of Cameroon instead of remaining Nigerian, the Southern Cameroons made a point. Neither the Treaty of Versailles partitioning the defunct German protectorate between Britain and France nor the superimposition of new values by the successor powers affected nationhood developed under the Germans. They were instead enriching features of that national identity of Kamerun. However, time has revealed how difficult it is to become the beacon of enlightened tolerance. Points of friction emerged, many articulated in the 1993 Buea Declaration that led to the creation of the Southern Cameroons National Council and the 2003 petition mainly for secession to the African Commission. One remains an oozing sore, with all possibilities of opening up into a running sore anytime – the 1972 referendum for the switch to unitarism that gave national destiny a decisively Francophone tilt. Anglophones contend Article 47 of the Federal Constitution guaranteed permanence of status beyond even the power of a referendum and that abolishing federalism entitled them to assert independence from the union. Against these, however, are surefire pro-Francophone arguments: the ‘Francophone spirit’ of the text and the agreed superiority of the French language, which stacked the odds against Anglophones even from the start.
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Ezeifeka, Chinwe. "Rhetoric of Political Repression in Nigerian Newspaper Reports: The Critical Discourse Analysis Perspective." JOURNAL OF SOCIAL SCIENCE RESEARCH 10, no. 1 (October 25, 2017): 1978–86. http://dx.doi.org/10.24297/jssr.v10i1.6599.
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This paper explores the rhetoric of political repression in the Guardian newspaper reports of June and July 2008 Nigerian Union of Teachers‟ (NUT) nationwide strike embarked upon to demand a special salary scale. It specifically focuses on language use in the newspaper reports on this issue as an indication of the media's seemingly transparent but inherently ideological reportage, projecting the “truth†of the political power elite and repressing the views of the less dominant whose interest the media supposedly champion. Using three theoretical perspectives, critical discourse analysis which takes the side of the less privileged to question the textual representations of the power elite; systemic functional grammar which studies the meaning relations residing in the systemic patterns of textual choices of language users; and argumentation theory used to determine the various appeals made in the reports to argue the case of the various stakeholders, the paper highlights the truism of the media‟s apparent neutrality in their reports. The various forms of rhetoric, located in the unsaid, attribution to sources, manipulation of intertextual resources and gatekeeping ideology were among the strategies employed in the newspaper reportage. In a total of forty-six reports, spanning thirty-six days the strike lasted,it was found that the newspaper deliberately avoided an editorial on the strike thereby locating its ideology in the „unsaid‟. It also, in connivance with the dominant power elite, manipulated the wordings of the Constitution of the Federal Republic of Nigeria 1999 using ad hoc argument and subtle persuasion to quash the demands of the NUT, thus exploiting intertextual resources („the already-said‟) to support a suppressive regime. These representations portray the newspaper‟s gate keeping-ideology –as partial and selective in its reports. It also implicates the newspaper as adopting the „ideology of silence‟ and as reneging on its watchdog role as the champion of public interest.
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Ingwe, Richard, Joseph K. Ukwayi, and Edward U. Utam. "Federal Revenue Sharing, Marginalisation and Sub-National Inter-Regional Inequality in Human Capital Development in South-Eastern and Southern Nigeria." Quaestiones Geographicae 32, no. 2 (June 1, 2013): 51–68. http://dx.doi.org/10.2478/quageo-2013-0013.
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Abstract Regional development planning/management responds to needs for preventing inequality among regions within nations characterised by multi-culturality and variation among regions, through the planning/management of appropriate programmes and policies. This paper examines inequality in the development of two of Nigeria’s states in the geographical South-East and the political South-South. Among other issues, historical conflicts among various ethno-cultural groups constituting Nigeria and culminating in violence (e.g. the 1967-1970 civil war fought against the programme of Ibo (a socio-cultural group) seceding from Nigeria’s federation to found Biafra) are reviewed. Despite Nigeria’s tragic civil war, inequality persists. We examine inequality resulting from systematic implementation of policies/programmes of Nigeria’s federal government institutions that marginalise Cross River State. Using the methods of comparative analysis and a descriptive case study, we show the consequences of marginalisation policies implemented by the federal government alone or in collaboration with (i.e. in support of) Akwa Ibom State for the development of human capital in Cross River State. The specific acts of marginalisation referred to here include: the ceding of the Bakassi Peninsula - a part of Cross River State - to the Republic of Cameroon in 2005, and more recently (2009) another ceding of 76 oil wells, hitherto the property of Cross River State, to Akwa Ibom State. We argue that, strengthened by marginalising/polarising policies (higher revenue allocation based on derivation principle of oil production), Akwa Ibom’s ongoing implementation of free education policy promises to facilitate its achievement of millennium development goals in basic education by 2015, beyond which it might reach disproportionately higher levels of tertiary educational attainment by 2024 and after. By contrast, the contrived dwindling of oil revenue accruing to Cross River State deprives it of funding for competitive human capital development programme(s). We recommend that Cross River State employs serious monitoring of marginalising schemes against its people considering recent traumatising experience, and plan/implement human capital development programmes aimed to improve its competitiveness under the context of intra-regional inequality.
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Dubber, Markus Dirk, and David P. Currie. "The Constitution of the Federal Republic of Germany." American Journal of Legal History 40, no. 1 (January 1996): 107. http://dx.doi.org/10.2307/845464.
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Grieves, Forest L., and David P. Currie. "The Constitution of the Federal Republic of Germany." German Studies Review 19, no. 1 (February 1996): 203. http://dx.doi.org/10.2307/1431760.
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Swan, G. S. "The Constitution of the Second Republic of Nigeria." Journal of Asian and African Studies 20, no. 1-2 (January 1, 1985): 42–55. http://dx.doi.org/10.1177/002190968502000104.
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Arabaev, A. A. "Constitutional acts of Kyrgyzstan Autonomous Soviet Socialist Republic." Juridical Journal of Samara University 7, no. 1 (July 7, 2021): 40–45. http://dx.doi.org/10.18287/2542-047x-2021-7-1-40-45.
Full textAbstract:
The article is devoted to the research of forming constitutional legislation of Republic of Kyrgyzstan, that originates from the moment of acceptance of the first constitutional acts as a Autonomous Republic in the composition of Russian Soviet Federal Socialist Republic. The author of the article researches law and political specifications of the Constitution of the Kyrgyz Autonomous Soviet Socialist Republic, that has been accepted in 1929 by the all-Kyrgyz congress of Soviets. One of the features of that Constitution was a determination of the status of Kyrgyzstan as a part of Russian Soviet Federal Socialist Republic. The author comes to the conclusion that as a fact Soviet Kyrgyzstan as a part of Russian Soviet Federal Socialist Republic in spite of having a constitution and the higher authority and other state elements as a territory, nationality, language, symbols most likely represented not an autonomous state, but the administrative unit with some state elements, forming a part of Russian State. In the article the author concludes that in spite of the fact, that the Kyrgyz Constitution of 1929 wasnt adopted by the All-Russian Central Executive Committee and All-Russian congress of Soviets as it was determined, that Constitution was valid and formed the national statement of Kyrgyzstan in such a period of time.
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Lincoln, Joshua. "The “Persistent” Federation: Nigeria and its Federal Future." Issue 27, no. 1 (1999): 17–20. http://dx.doi.org/10.1017/s0047160700503059.
Full textAbstract:
At the Azikiwe memorial conference held at Lincoln University near Philadelphia, Pennsylvania in late April 1998, a longstanding observer of Nigerian politics pointedly informed the Nigerian ambassador to the United States that the so-called Federal Republic of Nigeria was in fact neither federal nor a republic. The remark was met with rowdy applause from the migrant/exile audience. It was certainly accurate at the time, but not even the audience could know for how much longer. While it is perhaps still premature to celebrate, by virtue of the recent elections Nigeria is once again at least nominally a republic in the Latin sense—res publica —a thing of the people. As for Nigerian federalism, Ali Mazrui’s characterization seems accurate: It is “alive, but not well,” and the recent elections do not augur well for its recovery.