Academic literature on the topic 'Constitutional law Nigeria'
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Journal articles on the topic "Constitutional law Nigeria"
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Okonkwo, Theodore. "Environmental Constitutionalism in the United States and Nigeria: Recognizing Environmental Rights." International Journal of Social Science Studies 5, no. 7 (June 19, 2017): 66. http://dx.doi.org/10.11114/ijsss.v5i7.2497.
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Environmental constitutionalism is a scheme that protects the national and international environment by applying national and global constitutional law. By this, constitution-makers agree to include in their constitutions provisions aimed at environmental protection and sustainability, whereby procedural and substantive rights are written in the constitutions. The courts are in such jurisdictions called upon to enforce and protect such rights. This article addresses constitutionally embedded rights in the national constitutions of the United States of America and Nigeria. It analyzes constitutional environmental provisions in both how their judiciaries respond to such issues. This article looked at the problems associated with environmental constitutionalism in the United States and Nigeria and their connection with environmental rights. The aim is to take a holistic examination of the topic. The methodology adopted for the research is empirical. The primary and secondary sources of material selection were adopted through the use of the law libraries and the internet, books, journals and periodicals to gather information for this article. In conclusion, it was observed and recommended that no matter the similarities shared by the Untied States and Nigeria, the former has a more developed environmental jurisprudence on environmental protection by the courts. This is a truism, notwithstanding the fact that Nigeria’s constitution contains “state environmental duties”. The value of the research is that Nigeria should identify areas to be improved upon in its law and practice of environmental constitutionalism.
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Ikhariale, M. A. "The Independence of the Judiciary under the Third Republican Constitution of Nigeria." Journal of African Law 34, no. 2 (1990): 145–58. http://dx.doi.org/10.1017/s0021855300008287.
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One of the fundamental principles underlying the Nigerian constitutional process is that of the independence of the judiciary. The concept, in its basic form, embodies the entire philosophy of constitutional democracy especially as emphasised by the preamble to the Constitution which is for “promoting the good government and welfare of all persons … on the principles of Equality, Freedom and Justice”. In a country such as Nigeria which is presently characterised by political and economic underdevelopment, it is generally considered constitutionally desirable that a viable contrivance such as the institutional separation of the judiciary from the other arms of the government is a necessary bulwark against all forms of political and social tyranny, administrative victimisation and oppression. In other words, the freedom of the judicature from any influence, whether exerted by the legislature or the executive, or even from the judiciary itself, which is capable of leading to any form of injustice, abuse, miscarriage of justice, judicial insensitivity or other court-related vices is a condition sine qua non for the establishment of a durable political order based on the rule of law and constitutionalism.The notion of the independence of the judiciary has its philosophical ancestry in the time-honoured theory of the separation of powers, a doctrine which incidentally features prominently in the allocation of state powers under the Nigerian constitutional scheme.
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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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Nwatu, Samuel I., and Edith O. Nwosu. "Applicability of the Consent Requirement of the Nigerian Land Use Act to the Asset Management Corporation of Nigeria Act." Journal of African Law 60, no. 2 (March 4, 2016): 173–89. http://dx.doi.org/10.1017/s0021855316000036.
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AbstractThe Nigerian Land Use Act (LUA), which governs contemporary Nigerian land law, provides that any disposition of land must have the prior consent of the appropriate authority under the LUA. However, the Assets Management Corporation of Nigeria Act, which regulates the disposition of eligible bank assets, contains provisions that imply that the requisite consent under the LUA is not required for the disposition of an eligible bank asset consisting of land. This article interrogates the propriety of the provisions of the Assets Management Corporation of Nigeria Act in this regard and argues that, in view of the fact that the LUA is a statute with constitutional flavour by virtue of its entrenchment in the Nigerian Constitution, the LUA's provisions supersede the provisions of any conflicting law.
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Onoja, Esa O. "The Relationship between the Constitutional Right to Silence and Confessions in Nigeria." African Journal of Legal Studies 6, no. 2-3 (March 21, 2014): 189–211. http://dx.doi.org/10.1163/17087384-12342032.
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Abstract The extraction of confessions from suspects under torture by security agents is a notorious fact in Nigeria. Ironically, the Constitution of the country guarantees a right to silence, but courts in Nigeria predicate the admissibility of confessions on the common law-based Judges Rules and Evidence Act 2011 without linking it to the constitutionally guaranteed right to silence. This article reviews the legal rules on the admissibility of confessions in Nigeria and contends that without attaching constitutional flavour to the admissibility of confessions, the legislature and the courts in Nigeria unwittingly water the ground for the systemic extraction of confession from suspects in custody in Nigeria. The article suggests that the courts in the country consider the implication of the guarantee of the right to silence in the country’s constitution in the determination of the admissibility of confessions to promote fair trial in criminal cases in the country.
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Arban, Erika, and Adriano Dirri. "Aspirational Principles in African Federalism: South Africa, Ethiopia and Nigeria Compared." African Journal of International and Comparative Law 29, no. 3 (August 2021): 362–82. http://dx.doi.org/10.3366/ajicl.2021.0371.
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Finding a balance between diversity and social cohesion is a common concern in constitutional design: in divided societies, such a balance has often been sought through federalism. But the need to reconcile diversity and social cohesion can also be addressed through aspirational values embedded in a constitution. In fact, constitutions may entrench fundamental principles directing policies to foster equality, eliminate obstacles or require the different tiers of government to collaborate harmoniously in the performance of their functions. In exploring solidarity between different communities and cooperative government in South Africa, ethnicity as foundational value in Ethiopia, and the federal character in Nigeria, this article offers a comparative account of the three most important federations in Africa to assess how their constitutions reconcile diversity and social cohesion through aspirational principles related to federalism.
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Iwobi, Andrew Ubaka. "Tiptoeing through a constitutional minefield: the great Sharia controversy in Nigeria." Journal of African Law 48, no. 2 (October 2004): 111–64. http://dx.doi.org/10.1017/s0021855304482023.
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Since the restoration of civilian rule in Nigeria in 1999, the governments of various Northern states have initiated reforms designed to remodel their legal systems in conformity with the Sharia. An issue which has generated intense controversy, especially in legal and political circles, is whether these reforms are consistent with certain key provisions of the 1999 Constitution. This study begins by tracing the historical process through which the application of the Sharia has emerged as a matter of profound constitutional importance in Nigeria. This is followed by a detailed analysis of specific provisions of the 1999 Constitution which are considered to have a direct bearing on the constitutionality of the Sharia reforms. Particular attention is paid to those provisions which proclaim the supremacy of the Constitution, prohibit the adoption of a state religion and prescribe the jurisdiction of various courts. Consideration is also given to the effect of various fundamental rights guaranteed by the Constitution on the Sharia penal regimes introduced as part of the reforms. The study demonstrates that various facets of the reforms are difficult to reconcile with the 1999 Constitution and concludes that fundamental constitutional reforms will be required to redress this state of affairs.
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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.
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Hasan-Bello, Abdulmajeed. "Sharia in the Nigerian Constitutions: Examining the Constitutional Conferences and the Sharia Debates in the Drafts." Al-Ahkam 29, no. 1 (May 8, 2019): 1. http://dx.doi.org/10.21580/ahkam.2019.29.1.3158.
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<p align="center">The paper examines the socio-ethnic and religious configuration of Nigeria and the nature of Sharia debates in the Nigeria constitutions of 1977/1978; 1988/1989 debates and Constitutional Conference of 1994/1995. The paper argues that the genesis of the Sharia debates can be traced to 1956. The Constitutional Conference of 1994/95 was not bedeviled by a serious acrimonious debate over the Sharia. However, the 1999 constitution brought a new dimension to the issue of the Sharia. To some extent, the enactment of Sharia law in Nigeria is a prime example of the relative success of Nigeria’s multi-state federalism in regards to governing diversity. Particularly the political autonomy to establish a Sharia Court of Appeal with civil jurisdiction on Islamic personal law. The paper concludes that the constitutionalization of the Sharia has subjected it to the vagaries of the political wind and made it easy prey to political fortune-seekers. Thus, the matters relating to religions should be removed from the future deliberative process in the country.</p>
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Jegede, Ademola Oluborode. "Bridging the Peace Gap in Nigeria: The Panel of the Wise as a Constitutional Essential." Journal of African Law 60, no. 2 (February 15, 2016): 264–88. http://dx.doi.org/10.1017/s0021855316000012.
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AbstractSince Nigeria's return to democratic governance in 1999, violent conflicts around identities including religion, ethnicity, indigene / settler differentiation and resource control remain a challenge to peace. Thus far, government responses lack a normative framework to motivate consistent intervention and foster peace. While Nigeria's 1999 Constitution identifies peace as a common aspiration, there is a lack of a non-adversarial institutional mechanism to address violent conflicts related to identity. Despite its limited relevance, the visible institution for conflict management is the court. This article argues for the need to establish a panel of the wise, a conflict and peace intervention mechanism, as an “essential” element of the Nigerian Constitution. It then explores key considerations regarding the proposed panel, in terms of its composition, functions and legal status to intervene in the management of violent conflicts associated with identity and fostering peace in Nigeria.
Dissertations / Theses on the topic "Constitutional law Nigeria"
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Babalakin, B. O. "The supreme court and constitutional developments in Nigeria (1960-1985)." Thesis, University of Cambridge, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.383050.
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Aladetola, Opeyemi. "Analysis of the Nigerian Supreme Court's constitutional duty regarding women's inheritance right under customary law." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/24935.
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Customary law existed before the enactment of formal laws to govern the affairs of Nigerians. It started as behavioural norms that grew to be widely accepted by the community and became law. Inheritance rights are recognised under Nigerian customary law. Most customs provided for a way in which a person's properties could be distributed upon his death. However, most of these customs did not make provision for women in the distribution of a deceased estate. This disparity between the inheritance right of a man and woman was very prominent in the distribution of landed properties. Upon the demise of a man, his estate becomes family property and his eldest male child inherits it on behalf of other male members of the family. Where the deceased dies without a son, his brother inherits the estate. Notably, the Constitution did not abolish laws that existed prior to its enactment. It provides that these laws shall continue to exist subject to its provisions, the Constitution provides for its supremacy over every other law, and that the court has a duty to invalidate any law that is inconsistent with its provisions. The Court found the opportunity to alter the unfair discriminatory position against Nigerian women and develop customary law in line with Constitution in the case of Anekwe v Nwekwe. Here, the defendant (brother of the deceased) sought to evict the plaintiff (widow of the deceased and her female children) from the property of the deceased because she had no male child. He claimed that based on their customary law female children are excluded from inheriting property. The Supreme Court then invalidated this customary law of male primogeniture for being repugnant to natural justice, equity and good conscience. Although the decision of the court solved the problem of discrimination, it failed to develop customary law by invalidating only the discriminatory aspect of the customary law. Lessons can therefore be drawn from the minority decision of the South African Constitutional Court in the case of Bhe v Magistrate of Khaylistha, where recourse to developing the customary law was posited. This study will examine to what extent the court has applied customary law to bring it to conformity with the Constitution, drawing from other African countries especially South Africa. It utilises literature review and case law analysis, arguing that the court needs to review the Anekwe v Nwekwe case and make a more declarative position that brings customary law up to date with modern realities. It will recommend that the courts should in consultation with the people develop the customary law of inheritance.
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Mamman, Tahir. "The law and politics of constitution making in Nigeria, 1900-1989 : issues, interests and compromises." Thesis, University of Warwick, 1991. http://wrap.warwick.ac.uk/108216/.
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This thesis is a study of the constitution making processes in Nigeria from the colonial inception to the 1989 Constitution which is scheduled to usher in a putative third republic. Although apparently covering a wide scope, its boundary is limited by its perspective. Constitution making in any polity is essentially a political process where all the major, relevant and active interests seek to protect and advance themselves. Consequently, the focus of the research is on determining these competing interests, their interactions, compromises, winners and losers, etc. Attempts were made to provide the criteria for class identification in Nigeria to serve as a guide for determining class based action. The value of the work is threefold. First, it makes a modest but important contribution to an ongoing debate on whether or not Nigeria's post independence constitutional processes in particular were grounded in class interest, in the tradition of Charles Beard's interpretation of the constitution of the U.S.A. Second, it disputes and in large measure seeks to contradict some of the earlier widely held assumptions and assertions regarding the making of some of the constitutions, especially the Macpherson Constitution, 1951.Finally, it attempts to provide a complete and realistic account of the constitutional evolution of Nigeria less the military rule, from its inception as a country up to 1989. The method of investigation was largely analytical using official records, official reports, communications of key officials, biographical data, etc. Theoretical guidance was significantly drawn from political economy writings in politics, history and law. Eventually, the analysis revealed the existence and interplay of important interest configurations, reducing class to a subtle rather than an obvious phenomenon in the constitutional process. But overwhelmingly, the entire process was elitist and self serving with the mainstream of the population left in the margin in the composition of the constitutional bodies, the setting of agenda and the institutions and mechanisms established for governing the country. Finally, it found that there was a great deal of continuity of the values and institutions established for colonial ends with little or no will manifested in the constitutional process to break with the past. Rather what transpired was an expansion of institutions and creation of formulae in the constitution to accommodate a new breed of elites who were able to manipulate potential cleavages in the society to serve personal ends.
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Imerane, Maiga Amadou. "La Cour Constitutionnelle de la 5ème République du Niger : 2000 - 2009 : Une expérience de la démocratie constitutionnelle." Thesis, Lyon 2, 2013. http://www.theses.fr/2013LYO22001.
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Cette thèse met en lumière l’apport considérable du juge constitutionnel de la 5ème République nigérienne, dans l’œuvre de la protection audacieuse du principe de la suprématie de la Constitution (du 09 août 1999). L’exposition du schéma organisationnel de la justice constitutionnelle s’opère sans préjudice du nécessaire rappel de l’histoire socio-politique mouvementée du Niger, qui n’est pas étrangère dans l’originalité qui fonde le modèle nigérien. L’évocation de l’activité constitutionnelle va s’atteler à la mise en évidence des grandes décisions de la Cour, aussi bien dans le cadre de la défense des droits fondamentaux garantis, que celui de la régulation constitutionnelle du fonctionnement des institutions de la République. La jurisprudence relative au Président de la République, qui bénéficie d’un chapitre entier est au cœur de la problématique de la consolidation de la démocratisation du Niger post-Conférence nationale de 1991. L’étude fait ressortir une trajectoire d’analyse ambivalente. D’une part, la ré-fondation de la justice constitutionnelle par la consécration d’une juridiction spécialisée et indépendante, a eu pour effet de plonger le Niger dans l’ère de la démocratie constitutionnelle. D’autre part, l’audace du juge constitutionnel s’est avérée insuffisante, face à la dérive autoritaire du Président de la République de l’été 2009 (dissolution de la Cour). Il n’en demeure pas moins que, le constitutionnalisme démocratique ébauché sous la 5ème République semble bien demeurer la révolution appropriée de lutte contre toute résurgence autoritaireThis dissertation highlights the considerable contribution of the constitutional judge of the 5th Republic of Niger, in the audacious protection work of the supremacy of the Constitution principle (the 9th of August, 1999). The presentation of the organizational structure of constitutional law requires taking into account Niger’s sociopolitical history, which has contributed to the model of constitutional justice of Niger. The evocation of constitutional activity underlines the major decisions of the Court, regarding the defense of the guaranteed basic rights as well as the constitutional regulation of the functioning of the Republic's institutions. An entire chapter is dedicated to the case law regarding the President of the Republic, which has been in the center of the issue of strengthening the democratization of Niger since the National Conference of 1991. The research results in the ambivalent analysis. On the one hand, the re-foundation of the constitutional justice through the institution of a specialized and independent jurisdiction marked Niger's entry into an era of constitutional democracy. On the other hand, the constitutional judge audacity has proved deficient facing the authoritarian trend of the President of the Republic in 2009 (dissolution of the Court). Nonetheless, the democratic constitutionalism designed under the 5th Republic of Niger seems to remain an appropriate revolution to fight against any authoritarian resurgence
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Uzoukwu, Livinus Ifeanyichukwu. "Constitutionalism, human rights and the judiciary in Nigeria." Thesis, 2010. http://hdl.handle.net/10500/3561.
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The cultivation of a culture of constitutionalism remains the greatest challenge to Nigeria’s constitutional democracy. Militarism affected in a very substantial way Africa’s efforts to develop a culture of constitutionalism in the continent. Nigeria typifies the failed African effort in trying to establish an enduring democracy and constitutionalism. After ten years of transition from militarism to constitutional democracy and the euphoria of the country’s return to democracy, the country is still on a slow march in the entrenchment of the practice of constitutionalism. This work primarily sets out to investigate the state of constitutionalism in Nigeria. Human rights and judiciary as constituents of constitutionalism are the main focus of that investigation. A crucial question that encapsulates the main objective of the study is how can Nigeria entrench a culture of constitutionalism?
The study, therefore, investigates the question whether constitutional formalism or textualism without more can guarantee constitutionalism. It advocates that constitutionality does not necessarily lead to constitutionalism. The work further probes into the nature, extent and reasons for the past failure of constitutionalism in the country and its current state. The study also embarks on an exploration into the mechanisms for the protection of human rights, the problems and challenges in Nigeria. The challenges include the introduction of the “new Sharia” by some States in Nigeria; the failure to accord socio-economic rights due consideration in Nigerian jurisprudence and the poor pace of the domestication of human rights norms. The work demonstrates the relationship and linkage between human rights, democracy and judicialism in the study of constitutionalism.Public Constitutional and International Law
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Abioye, Funmilola Tolulope. "The rule of law in English speaking African countries : the case of Nigeria and South Africa." Thesis, 2011. http://hdl.handle.net/2263/28459.
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Over time, news about Africa has not been encouraging, whether in relation to poverty; incessant and sporadic conflicts; ineffective leadership; or in relation to the failure of the continent to develop in spite of the vast natural resources with which it is endowed. The failure of good governance in Africa epitomises the plight of the continent, and is the result of many factors including; diverse ethnic divisions across the continent, imposition of foreign systems through colonialisation, to name a few. This thesis also identifies an important factor which is the challenge to the rule of law on the continent. For the rule of law to be established in a society, the law first has to be an integral part of the society, and has to be legitimate, and internalised by the society. For laws and the law-making processes to be legitimate, there needs to be the consent and participation of the people which the law seeks to bind. This is lacking in most African countries where laws are often vestiges of the colonial era, and where the post-colonial law-making mechanisms have not induced confidence. These situations have led to a deficit in the legitimacy of the law in Africa, and the inability of such laws to structure and govern the people; because the people have more often than not been excluded from the law-making process, nor given their consent to be bound by the laws. The resultant effect of these realities is that the laws generally lack legitimacy and are adhered to only when sanctions are attached. This thesis investigates the Constitution as the foundational law in two former British colonies in Africa, namely Nigeria and South Africa and in particular, the way in which it is made; the resultant legitimacy, and the effects on the peoples’ response and interaction with the law. This is in order to draw a nexus between the lack of legitimacy of laws in Africa (as evidenced in the constitution making processes), and the challenges faced by the rule of law on the continent, using the cases of Nigeria and South Africa.Thesis (LLD)--University of Pretoria, 2011.
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Books on the topic "Constitutional law Nigeria"
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Constitutional law in Nigeria. Ikeja, Lagos State, Nigeria: Malthouse Press Ltd., 2003.
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Oyewo, A. Toriola. Constitutional law in Nigeria. Ibadan, Nigeria: Jator Pub., 1998.
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Constitutional law in Nigeria. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.
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Inegbedion, N. A. Constitutional law in Nigeria. Apapa, Lagos: Amfitop Books, 2000.
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Emiko, Abel A. Constitutional vibrations in Nigeria. [Benin City?]: Mufti Books, 2002.
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Nigeria. The Constitution of the Federal Republic of Nigeria. Lagos: Federal Military Government of Nigeria, 1989.
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Sokefun, Justus A. Introduction to constitutional law in Nigeria. Ago-Iwoye, Nigeria: Dept. of Public Law and Jurisprudence, Ogun State University, 1997.
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Hon, Sebastine Tar. Constitutional law and jurisprudence in Nigeria. Port Harcourt, Nigeria: Pearl Publishers, 2004.
Find full textBook chapters on the topic "Constitutional law Nigeria"
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O’Connell, James. "Politics, Law and Constitutionalism: The 1962 Western Region Crisis in Nigeria." In Constitutional Heads and Political Crises, 67–89. London: Palgrave Macmillan UK, 1988. http://dx.doi.org/10.1007/978-1-349-10197-9_5.
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Ako, Rhuks. "Mainstreaming Environmental Justice in Developing Countries: Thinking Beyond Constitutional Environmental Rights." In Nigerian Yearbook of International Law, 269–89. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-71476-9_12.
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Ordor, Ada, and Ngozi Oluchukwu Odiaka. "Engaging with Qualifying Principles in Nigerian Contract Law." In More Constitutional Dimensions of Contract Law, 111–28. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-15107-2_6.
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Odote, Collins. "Human Rights-based Approach to Environmental Protection: Kenyan, South African and Nigerian Constitutional Architecture and Experience." In Human Rights and the Environment under African Union Law, 381–414. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-46523-0_15.
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Ogunde, Oluwafifehan. "Democracy and Child Rights Protection." In Defending Human Rights and Democracy in the Era of Globalization, 123–44. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-0723-9.ch006.
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The doctrine of constitutional supremacy is well entrenched in Nigerian constitutional and administrative law. A plethora of cases exists to establish the constitution as the supreme law-making instrument in Nigeria. This principle derives strength from a presumption that the constitution is reflective of the will of the people, as is expected under a democratic system of government. The aim of this chapter is to consider the relationship between human rights and democracy in the context of the Nigerian constitution. The first part of this chapter will be a brief overview of the Nigerian constitutional history leading up to the 1999 Constitution of the Federal Republic of Nigeria (as amended). The author will then proceed to examine the 1999 constitution in the context of child rights. The significance of constitutional peculiarities in the context of child rights protection will be considered with reform measures suggested to address any emergent complexities.
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Gebeye, Berihun Adugna. "Women’s Constitutional Rights." In A Theory of African Constitutionalism, 176–212. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893925.003.0007.
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This chapter explains how legal syncretism influences and manifests itself in the design and practice of constitutional rights—with a particular focus on women’s rights—in the constitutional systems of Nigeria, South Africa, and Ethiopia. The chapter demonstrates how the interaction between the liberal and indigenous conceptions of rights in a constitutional space produces unique regimes of women’s rights in these countries. The chapter first presents a brief theory of women’s rights as a standard of comparison and evaluation; this is done through a more general investigation of women’s rights in international law. This is then followed by a more focused discussion of women’s constitutional rights in Nigeria, South Africa, and Ethiopia. Such discussion explores the substantive content and the way in which women’s rights are constitutionalized, as well as their practical and judicial applications. The syncretic nature of women’s rights in these countries sheds some light on the importance of looking beyond the universalism versus cultural relativism debate when trying to enforce human rights in Africa.
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Eltantawi, Sarah. "The Trial of Amina Lawal." In Shari'ah on Trial. University of California Press, 2017. http://dx.doi.org/10.1525/california/9780520293779.003.0005.
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This chapter is a step by step recounting of the trials and appeals of Amina Lawal from 2002-2003. The chapter analyzes the form and substance of both the prosecution’s and the defense’s arguments. It also focuses on legal education in Northern Nigeria and traces changes to the Nigerian penal code brought forth by the colonial encounter. Such changes include the use of the Nigerian constitution in an Islamic trial and eschewing jurisprudential arguments for arguments that eminate from primary texts, a practice that I call indicative of “post-modern shar’iah.” The chapter further expands on the concept of “legal warfare” initiated by the British against Islamic law.
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Kamali, Mohammad Hashim. "Islamic Criminal Law in Republic of Nigeria." In Crime and Punishment in Islamic Law, 310–14. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190910648.003.0030.
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The story of Islamic criminal law in Nigeria is one of uneasy coexistence between the constitution and the state shariah penal codes, especially since 2000 when Zamfara introduced such a code and was followed by other Muslim states in the north. The anomalies are also reflective of the dual legal heritage (Islamic and colonial) of Nigeria. Challenges thus remain on how to harmonise the two systems and communities without infringing on the general interests of the nation and the country’s constitution.
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Pate, Umaru A., and Sharafa Dauda. "Threats to Media Freedom and the Safety of Journalists in Nigeria." In Advances in Media, Entertainment, and the Arts, 241–56. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-1298-2.ch013.
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This chapter interrogates long-established and wide-sprung threats to media freedom and journalists' safety in Nigeria. The study used semi-structured interviews to explore field and newsroom experiences. The findings revealed the types of threats to media freedom and journalists' safety, non-existing safety frameworks, mitigation and protection measures, and recommendations on how to protect media organisations and journalists from threats. Consequently, the participants clamoured for constitutional provisions to protect journalists from threats; enforcement of existing and additional constitutional provisions and laws to deter violations against media freedom; establishing and empowering institutions to certify journalists; instituting policies for routine editorial staff training on conflict, safety, and sensitive reporting; and reviewing the NUJ Constitution to address contemporary media and journalism practices and issues, among others.
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Amadi, Sam. "Squaring the circle: Freedom of religion and secularism in the Nigerian Constitution." In Law, Religion and Human Flourishing in Africa, 3–23. AFRICAN SUN MeDIA, 2019. http://dx.doi.org/10.18820/9781928314592/01.
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