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Journal articles on the topic 'Constitutional law of Nigeria'
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1
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.
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Jimoh, Mujib Akanni. "Advancing Online Dispute Resolution in Nigeria: Current Opportunities, Legal Challenges and the Ways Forward." Journal of Sustainable Development Law and Policy (The) 11, no. 2 (March 18, 2021): 407–31. http://dx.doi.org/10.4314/jsdlp.v11i2.6.
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The outbreak of COVID-19 has impacted the Nigerian legal system with the introduction of virtual court hearing. Currently, there is no legislation on virtual court hearings in Nigeria. The foregoing notwithstanding, this article examines the constitutionality of this type of hearing and its practicability under the extant laws. Virtual court had been discouraged because of the concern that it may not pass the test of public trial, which is constitutionally guaranteed. This article analyses the provisions of the Constitution as well as available case laws, which suggest that if certain requirements are met, virtual courts may pass the constitutional test of publicity of trial. It is also submitted that the virtual court will not offend the law on territorial jurisdiction. Nonetheless there are some legitimate concern about the issue of evidence, especially examination of witnesses, which may not be best suited for virtual court. Among these are technological inadequacy necessary for virtual court hearings in Nigeria leading to recommendations arising from practices in 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.
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Ekwueme, Khrushchev U. K. "NIGERIA'S PRINCIPAL INVESTMENT LAWS IN THE CONTEXT OF INTERNATIONAL LAW AND PRACTICE." Journal of African Law 49, no. 2 (October 2005): 177–206. http://dx.doi.org/10.1017/s0021855305000136.
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EKWUEME, KHRUSHCHEV, Nigeria's principal investment laws in the context of international law and practice, Journal of African Law, 49, 2 (2005): 177–206The enactment of the NIPC Act and FEMMP Act in 1995 represent a paradigm shift in Nigeria in three major areas of investment rule-making, namely, investment liberalization, investment protection and settlement of investment disputes. These statutes, especially the NIPC Act, contain certain investment-friendly provisions relating to foreign participation in Nigerian enterprises, guarantees against expropriation, nationalization and currency risk, as well as State-investor arbitration. Although the literature on the NIPC Act and FEMMP Act is vast, no in-depth scholarly study has been done on them in the context of international law and practice. Primarily, this article examines the provisions of these laws through a practical lens by studying them alongside the jurisprudence of the ICSID. It also explores specific constitutional and administrative law questions intimately related to the treatment of foreign investment in Nigeria. Finally, it assesses inflows of FDI into Nigeria and considers some of the impediments to foreign investment in the country.
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Hammed, Hanafi A., and Wahab O. Egbewole. "Re-Emergence of Shari'ah Penal Law in Northern Nigeria: Issues and Options." ICR Journal 8, no. 3 (July 15, 2017): 368–85. http://dx.doi.org/10.52282/icr.v8i3.180.
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It was in quest of political legitimacy as well as religious purity that former governor of Zamfara state, Senator Sani Ahmed Yerima, started a crusade in 1999 to re-establish Shariah. That initiative immediately found spacious reverberation with many Muslims. For the clerics, it was an opportunity to restore a religious and moral heritage that had been suppressed after colonial conquest. Many people saw Shariah as an instrument for achieving a just, safe, compassionate and less corrupt society. Thus, the Zamfara governments actions were soon taken up by other states, whose governors followed with varying degrees of enthusiasm. The federal government, however, declared Shariah to be incompatible with the constitutional guarantee of freedom of religion. The northern governors responded by highlighting that the same constitution vested in states concurrent powers to establish their own court systems. The writers develop this narrative and look into the constitutional provisions that guarantee freedom of religion and international and national judicial decisions where the right of religion has been vindicated.
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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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Chuma-Okoro, Helen. "The Nigerian Constitution, the ecowas Treaty and the Judiciary: Interplay of Roles in the Constitutionalisation of Free Trade." Global Journal of Comparative Law 4, no. 1 (April 17, 2015): 43–78. http://dx.doi.org/10.1163/2211906x-00401002.
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This paper discusses the Nigerian Constitution and the ecowas Treaty to determine whether and how they support free trade as envisioned in the Treaty, and the role of the judiciary in the realisation of this objective. Focusing on the ecowas Community Court and Nigerian superior courts vested with jurisdiction over constitutional matters, it argues that specific constitutional norms and policies of Nigeria inhibit the realisation of the objectives of free trade as constitutionalised in the ecowas Treaty. Relying on the principles of direct applicability and direct effect, and the arguments developed around these principles in relation to the obligations of State parties to treaties, it argues further that Community law should be applicable in national jurisdictions and enforced by national courts. Thus, Nigerian courts and the ecowas Community Court both have jurisdiction to arbitrate matters arising from national laws and policies having the effect of inhibiting the ecowas objectives of free trade. It concludes that while the ecowas and Nigerian frameworks support the interplay of roles in the adjudication and enforcement of ecowas norms, this would depend on the extent to which some of the constitutional and policy constraints in question are addressed.
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Ikeyi, Nduka, and Ofornze Amucheazi. "Applicability of Nigeria's Arbitration and Conciliation Act: Which Field Does the Act Cover?" Journal of African Law 57, no. 1 (February 11, 2013): 126–48. http://dx.doi.org/10.1017/s0021855313000016.
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AbstractIn 1988, Nigeria's Federal Military Government promulgated the Arbitration and Conciliation Decree (now the Arbitration and Conciliation Act) to provide a unified legal framework for commercial arbitration throughout Nigeria. At the time of the decree's promulgation, the Federal Military Government had unlimited competence to legislate over any matter in, and for all parts of, Nigeria. However, under Nigeria's current constitutional democracy and federal structure of government, legislative powers are shared between the Federal Government and the respective state governments. This article investigates the constitutionality of the continued application of the Arbitration and Conciliation Act as federal legislation with application in all states of the federation.
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Olowofoyeku, A. A. "The Beleaguered Fortress: Reflections of the Independence of Nigeria's Judiciary." Journal of African Law 33, no. 1 (1989): 55–71. http://dx.doi.org/10.1017/s0021855300007981.
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Informed opinions on the judiciary in Nigeria vary between the rather equivocal comment by a senior member of the bar that “The judiciary is dead”, or the view that it is “on trial” and the more compassionate view that it is a “beast of burden” or a “sacrificial lamb”. These remarks derive from observations of the (alleged or actual) behaviour of the judges, and their independence, impartiality and integrity. While the metaphors quoted above may be subject to various interpretations, they do raise considerable curiosity and interest as to why any judiciary should attract such comments, and perhaps to what extent the comments are justified. This article, in attempting to answer these and similar nagging questions concerning Nigeria's judiciary, examines the truly multi-faceted question of judicial independence by assessing the Nigerian situation in the light of the factors that are considered vital to ensuring or guaranteeing an independent judiciary.Interestingly, although section 17(1)(e) of the Nigerian Constitution provides that “The independence, impartiality and integrity of Courts of Law, and easy accessibility thereto shall be secured and maintained”, this provision is under the chapter titled “Fundamental Objectives and Directive Principles of State Policy”, whose provisions are non-justiciable by virtue of section 6(6) (c) of the Constitution. Thus the high-sounding declaration of section 17(1)(e) has no bite, and what could have been a constitutional guarantee of judicial independence is no more than a slogan.
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Lawan, Mamman. "Law and Development in Nigeria: A Need for Activism." Journal of African Law 55, no. 1 (March 3, 2011): 59–85. http://dx.doi.org/10.1017/s0021855311000039.
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AbstractThis article explores the use of law in development at two levels in Nigeria. Development as a state duty has been provided for under the constitution, thereby creating socio-economic rights for citizens, albeit rights which are unenforceable. Seven development policies drawn up at different times have all also invoked law in one way or another to facilitate the achievement of their respective objectives. Both cases reflect the international trend in their respective discourses. The first approach mirrors the international human rights regime, while the second mimics international development discourse. While the instrumental use of law is desirable, this article argues that it is inadequate. More needs to be done to supplement it. First, courts need to adopt a radical interpretation of the constitutional provisions to make socio-economic rights enforceable. Secondly, people need to be active citizens through participation in the development process.
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Salau, Aaron Olaniyi. "Positive Obligation to Protect African Charter's Access to Information Norm Versus National Security Restrictions in Nigerian Law: Striking a Balance." African Journal of International and Comparative Law 27, no. 2 (May 2019): 177–202. http://dx.doi.org/10.3366/ajicl.2019.0268.
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Contrary to widely held scholarly opinion, this article argues that the Nigerian Constitution supports a positive right of access to information. A critical analysis reveals that clumsily phrased constitutional provisions together with vague invocations of ‘national security’ embolden the Nigerian state to suppress access to public interest information. Furthermore, the article subjects Nigeria's statutory provisions that authorise limitations on access to information on national security grounds to the test of reasonableness of the restrictions to rights under the African Charter as incorporated into Nigerian law. It finds disproportionate national security restrictions contrary to the state's positive obligation to protect access to public interest information under the Charter. The article concludes that only clearly worded constitutional recognition of access to information and a rule-of-law-based definition of national security in Nigerian law would ensure a reasonably justifiable balance between the two.
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Saidu, Oluwaseun Sulaiman, Murat Cizakca, and Rodney Wilson. "HARMONIZATION IS THE ONLY “GAME” IN TOWN; ACTUALIZING THE FUNCTIONALITY OF VITAL ISLAMIC FINANCIAL INSTITUTIONS: A CASE OF WAQFS IN NIGERIA." Jurnal Syariah 29, no. 2 (August 31, 2021): 175–94. http://dx.doi.org/10.22452/js.vol29no2.1.
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While it is true that more often than not, constitutional democracies might enshrine freedom of religion and thus provide for equal treatment of all religions within a given state, the Islamic characterization of the waqf institution transcends the subsisting limits allowed for in the not-for profit legal infrastructure including their taxation exemption provisions in the Nigerian state. According to modest statistics, Nigeria is home to about 100 million Muslims but her governing laws are at best described as secular. The objective of this research is therefore to harmonize the Islamic law of waqf institution and the extant not-for-profit laws in Nigeria such that the institution can function within the Nigerian state without infringing on the Islamic Shariah whilst at the same time complying with the constitutional dictates of the country. The merits of such an exercise are numerous. It could readily be replicated in other non-Muslim jurisdiction across the world. Nigeria being the largest economy in Africa, the dividends of such an exercise would cascade across the continent consisting mainly so called developing countries.
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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.
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Ademola, Adenekan. "Public accountability under the constitutional and institutional framework in Nigeria." Commonwealth Law Bulletin 16, no. 1 (January 1990): 322–29. http://dx.doi.org/10.1080/03050718.1990.9986069.
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Atupare, Atudiwe P. "A fundamental law of reason and the constitutional law of elections in Africa." Journal of Comparative Law in Africa 8, no. 1 (2021): 1–41. http://dx.doi.org/10.47348/jcla/v8/i1a1.
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This paper attempts a comparative understanding of the constitutional law of elections in two African countries: Ghana and Nigeria. As a prelude, I argue that judges should approach the task of interpretation of the constitutional law of elections based on a non-positivist understanding of legality or the rule of law. Law is not to be regarded simply as the product of lawmakers’ decisions and intentions but as embodying fundamental values that gain normative force independently of what is decided, written or intended by lawmakers. The core of this claim is anchored on a theory of law, the fundamental law of reason. The identification of this fundamental law is not a matter of pure moral reasoning. It is a conception of law as a rule of reason with ‘reason’ here suggesting a uniquely judicial form of discourse where the particular values that will, under this approach, gain this special normative force cannot be listed in a fixed catalogue; they are, rather, the values that are deemed essential to securing the conditions for legality or the rule of law that are, in turn, necessary for ‘law’ to exist. In light of this, I contend that judicial decisions on electoral disputes in Ghana and Nigeria should be able to carry conviction with the ordinary person as being based not merely on legal precedent or the law-makers’ intentions but also upon acceptable values as understood from the reason of the fundamental law.
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Imam, Ibrahim. "Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making." International and Comparative Law Review 15, no. 1 (June 1, 2015): 109–27. http://dx.doi.org/10.1515/iclr-2016-0030.
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Abstract Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.
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Slinn, Peter. "A Fresh Start for Africa? New African Constitutional Perspectives for the 1990s." Journal of African Law 35, no. 1-2 (1991): 1–7. http://dx.doi.org/10.1017/s0021855300008329.
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This seems a particularly appropriate time to devote a double issue of the Journal to one topic—constitutional law. Throughout sub-Saharan Africa, there is blowing a wind of political change comparable with that identified by British Prime Minister Harold Macmillan in his famous speech to the South African parliament in Cape Town on 3 February, 1960. The source of that wind was African national consciousness which was impelling the process of decolonisation: in that year, 1960, most of the francophone African states discussed by Reyntjens and Nigeria became independent. By 1968, the process was complete except for Angola, Mozambique, Namibia and Zimbabwe. All the new states were endowed with shiny new democratic constitutions, a “Gaullist” or Westminster” legacy from the departing colonial masters.
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Albert, Akume T. "Combating corruption in Nigeria and the constitutional issues arising." Journal of Financial Crime 23, no. 4 (October 3, 2016): 700–724. http://dx.doi.org/10.1108/jfc-07-2015-0034.
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Purpose The purpose of this paper therefore is to identify and examine major issue-areas in law, prominent among which are the Plea-Bargain and S308 Immunity Clause, and how they impact the process of effectively combating corruption in Nigeria. Design/methodology/approach The paper uses documentary sources and analytical method to examine the issues involved. Findings The identified issue-areas are inhibitors rather than facilitators. Research limitations/implications The implication is that the government needs to change the existing laws to strengthen the fight against corruption. Practical implications This is to ensure that the war against corruption is strengthened and effective. Social implications To ensure that offenders face the full weight of the law for their action. Originality/value This paper is the author's original work and all references are appropriately acknowledged.
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Peters, Dele. "The Domestication of International Human Rights Instruments and Constitutional Litigation in Nigeria." Netherlands Quarterly of Human Rights 18, no. 3 (September 2000): 357–78. http://dx.doi.org/10.1177/092405190001800304.
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Nigeria has had a chequered history of human rights. Since its attainment of political independence from the British about four decades ago, the country has experienced series of military coup and coup d'etat, and about three decades of military ride. Those periods of military interregnum marked the peak of human rights abuse and abridgement in the country. Even the short periods under democratic dispensation were not entirely without some measures of human rights violations. All these were notwithstanding the fact that some international human rights instruments have been domesticated in the country. This article focuses on how the Nigerian Judiciary has responded to some of these domesticated international human rights instruments in matters brought before them for adjudication.
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Abdulai, Emmanuel Saffa. "Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency." IALS Student Law Review 8, no. 1 (March 3, 2021): 3–18. http://dx.doi.org/10.14296/islr.v8i1.5266.
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The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.
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Nwauche, E. S. "An appraisal of the constitutional provision for the delivery of judgments in Nigeria." Commonwealth Law Bulletin 27, no. 2 (January 2001): 1278–90. http://dx.doi.org/10.1080/03050718.2001.9986606.
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Samy, Martin, Heineken Lokpobiri, and Ade Dawodu. "The arguments for environmental rights in Niger Delta: a theoretical framework." Society and Business Review 10, no. 2 (July 13, 2015): 132–49. http://dx.doi.org/10.1108/sbr-12-2014-0058.
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Purpose – This paper aims to examine the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country. The Niger Delta region of Nigeria is rich with abundant hydrocarbon resources and plays host to numerous multinational oil companies. For over five decades, oil spills and gas flaring from the operations of these companies have polluted water bodies and degraded farmlands on which the inhabitants depend for their livelihood. However, the absence of a legal regime of environmental rights has made it difficult for inhabitants of the region to seek legal remedy against these companies. Design/methodology/approach – This paper examines the extent to which environmental rights enforcement is currently practiced in Nigeria and the relevant characteristics for the development of a legal framework for the practice of environmental rights enforcement in Nigeria, particularly in the interest of the Niger Delta region of the country. Findings – Nigeria does not have constitutional environmental rights. The legal implication of this provision is that it is not justiciable as such no court of law can exercise jurisdiction to hear any matter that is connected with the provisions of that chapter. In other words, even the government’s “constitutional” responsibility to protect the environment cannot be judicially enforced, let alone environmental rights for victims of environmental damage. Originality/value – The original and significant contribution of this paper is to highlight the real issues and address them through substantive and procedural environmental rights provisions either in the constitution or positive legislations.
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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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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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Ogunniran, Iyabode. "GENDER ISSUES AND THE NIGERIAN CONSTITUTION: A RAY OF LIGHT, OR TWILIGHT ON THE HORIZON?" Gender Questions 3, no. 1 (January 13, 2016): 114–32. http://dx.doi.org/10.25159/2412-8457/823.
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The consensus in modern democracies is that constitutions should be based on inclusivity. However, the Nigerian constitution is replete with provisions which are interpreted to either deny the realities of women or outright discriminate against them. This article examines the intersections of gender, law and the Nigerian constitution. It argues that women have played a minimal role in the history of constitution making. The inclusion and interpretation of equality; non-discrimination; negative vs. positive rights and gender quotas are biased. The article posits that a conscious effort to give women presence in the polity started in the Nigerian Fourth Republic. The National Gender Policy mainstreamed gender to increase the participation of women in politics and hoisted favourable economic strategies. In addition, in 2014, President Goodluck Jonathan inaugurated a national conference, where far-reaching resolutions were made on gender issues. Consequently, some of the socio-economic rights have been made justiciable and imputed in the latest Constitutional Amendments Bill. An impasse between the president and the National Assembly led to his refusal to assent. The tenure of the government has ended and the resolutions of the conference may not be revisited for some time to come. In contrast to the earlier position, the Nigerian Supreme Court, in two notable decisions, strongly condemned discriminatory inheritance customary practices. The author’s finding is that constitutional amendments and a continuous active stance by the courts, amongst others, offer leeways for women’s development.
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Lawan, Mamman. "Islamic Law and Legal Hybridity in Nigeria." Journal of African Law 58, no. 2 (October 2014): 303–27. http://dx.doi.org/10.1017/s0021855314000151.
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AbstractThe British colonial administration created a hybrid legal system in Nigeria where English, Islamic and customary laws apply. The English system, having a written constitution, was made dominant and the other laws apply to the extent permitted by it. However, Muslims in the northern part of the country have been making efforts to reverse this dominance, including the recent re-introduction of Islamic criminal law by 12 states. This effort is seen to be revolutionary, reverting the states to the position when Islamic law applied in full, devoid of colonial influence. This article asks whether this can break the legal hybridity and answers in the negative, arguing instead that the effort accentuates the hybridity. For example, the re-introduction of Islamic criminal law is enabled by the constitution, the constitution institutionalises the hybridity and the 12 states operate, and are bound by, the constitution. The article discusses other variables depicting the hybridity and concludes that it was a conscious colonial act, nearly impossible to break.
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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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Mustapha, Zakariya, Sherin Kunhibava, and Aishath Muneeza. "Judicial Challenges Facing the Islamic Finance Industry of Nigeria." African Journal of International and Comparative Law 29, no. 2 (May 2021): 244–62. http://dx.doi.org/10.3366/ajicl.2021.0362.
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A fundamental requirement of Islamic financial practice, Shariah-compliance covers all aspects of the transaction from contractual agreements to execution to dispute resolution. Thus a sound judicial system with in-built Shariah-compliance mechanisms is indispensable to facilitate the execution of such contracts and to ensure the sustainability of the practice. In Nigeria, this system is still under development with the judiciary the most readily available option for dispute resolution. However, comprised merely of civil courts with jurisdiction to hear Islamic finance cases, these mechanisms subject the industry to possible legal and Shariah-compliance risks. Having conducted a series of interviews with experts, this study recommends: constitutional and legislative reform to grant jurisdiction to existing civil courts; the Financial Regulations Advisory Committee of Experts (FRACE) should be statutorily entitled to offer binding advice to courts; the practice itself should be enshrined in appropriate legislation; and there should be curricular reform to ensure judges and lawyers are adequately trained/educated in the particulars of Islamic finance.
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Chukwu, Christian Chima, Grace A. T. Scent, and Obuzor Mezewo Emerinwe. "Police brutality and human rights in Nigeria's democracy: Focus on restoration of man's dignity." Revista Brasileira de Gestão Ambiental e Sustentabilidade 7, no. 15 (2020): 155–70. http://dx.doi.org/10.21438/rbgas(2020)071512.
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After about twenty years of military rule in Nigeria, Nigerians seemed to have lost the ability to insist on their fundamental human rights. In this vein, any attempt to talk about human rights has been very controversial since the return of democracy in 1991 because the police seem to have taken over the lawlessness of the military as no day passes without a daily occurrence of extra judicial killings, accidental discharge, and other notorious acts against innocent citizens all over the country. Therefore, with police brutality observable in every nook and cranny of the Nigerian society, this study evaluates human rights abuses in Nigeria's democracy with a view to restoring man's dignity that is at lowest ebb today than ever. Since government seems confused on what steps to take to put a stop to the series of abuses of human rights, hypotheses were formulated and literatures related to the variables reviewed. Survey research design was adopted and a total sample of 150 respondents was selected through purposive sampling technique and simple random sampling technique. The hypotheses were tested at 0.05 significant levels and the results of the findings show that all the null hypotheses were rejected and the alternate hypotheses accepted at same significant levels. Among the findings, the study shows that the rule of law in Nigeria has fallen short of the expectations of the citizens. Secondly, the police force has become a stumbling block to the effective administration of Justice and efficient maintenance of law and order as cruelty against citizens are widespread. Furthermore, the sheer disrespect of rules of engagements with imunity by the police not only questions the ability of the government to protect its citizens but also undermines its credibility. Based on the findings, the study concludes that the Nigeria Police Force (NPF) have not only abdicated their constitutional functions, responsibilities and obligations to Nigerians, but are deeply engaged in human rights abuses, bribery, and extortions of money not only from motorists plying our roads but also in our habitudes at the least opportunity. In this light, the study recommends that as a security organization in a democracy, the Nigeria police should understand that democracy demands that the human personality in its course of development should be allowed to proceed without artificial forces or barricade so long as it actively does not violate the safety and reasonable right of others. In addition, there should be other far-reaching reforms and reorientations necessary to bring Nigeria's policing operations into conformity with constitutional and international human rights standards.
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Ezeilo, Joy Ngozi, Uchechukwu Nwoke, and Sylvester Ndubuisi Anya. "The (Un)Constitutional Appropriation and Expenditure of Public Funds in Nigeria: Analysing the “Security Vote” Paradigm through the Law." Journal of African Law 62, no. 2 (May 29, 2018): 225–53. http://dx.doi.org/10.1017/s0021855318000141.
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AbstractSecurity challenges have continued to trouble governments internationally. From the Islamic State terrorists in the Gulf region, to the murderous activities of Boko Haram and “herdsmen” in Nigeria in recent times, it has become imperative for those entrusted with maintaining security to redefine the conditions of national security. In this context, it is now conventional for various governments in Nigeria to appropriate enormous amounts of money in their budgets for “national security” (“tagged security vote”). This article explores the emergence, configuration, constitutionality and abuses of security votes in Nigeria. It also explores the appropriation and expenditure of security funds in the USA and attempts to draw lessons from this jurisdiction. It argues that there is a robust connection between security votes and corruption and, thus, attempts to identify legal structures for preventing the misspending and embezzlement of public funds (security votes) in the country's monetary appropriation and expenditure.
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McQuoid–Mason, David. "LEGAL AID IN NIGERIA: USING NATIONAL YOUTH SERVICE CORPS PUBLIC DEFENDERS TO EXPAND THE SERVICES OF THE LEGAL AID COUNCIL." Journal of African Law 47, no. 1 (April 2003): 107–16. http://dx.doi.org/10.1017/s0221855303002001.
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At the National Consultative Forum on Transforming the Administration of Justice System in Nigeria, convened by the Federal Minister of Justice and the Federal Attorney-General in November 2001, it was decided to draft a National Action Plan on Justice Sector Reform in Nigeria and to produce a Justice Vision document. The Ministry of Justice and the Attorney-General's office identified the need to examine ways of (a) upholding the Constitution and the rule of law; (b) promoting justice, fairness and human dignity; and (c) incorporating and expanding community participation in the administration of justice. The Legal Aid Council of Nigeria could contribute to this process by establishing a public defender network using law graduates in the National Youth Service Corps (NYSC). It may be possible to use the NYSC scheme to expand dramatically the current level of legal aid in Nigeria by employing the services of NYSC law graduates more extensively as public defenders. In order to consider the feasibility of such a programme the following factors will be considered: (i) the availability of lawyers and law graduates; (ii) the duties imposed by the Nigerian Constitution; (iii) the function of the Legal Aid Council; (iv) the operation of the Legal Aid Council; (v) the provision of legal aid services by the Legal Aid Council; and (vi) the cost of establishing a structured NYSC public defender programme.
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Anadi, PhD, Sunday K. M. "Politics and Religion vs. Law and Order in Nigeria: Implications for National and Regional Security." International Journal of Social Sciences and Humanities Invention 5, no. 3 (March 1, 2018): 4474–81. http://dx.doi.org/10.18535/ijsshi/v5i3.02.
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Since independence in 1960, Nigeria has grappled with the ominous challenge of building a sustainable bridge between its ever increasing populations divided not only along distinct multi-ethnic groups but also between two major diametrically opposed faiths [in content, structure, and tactics]- Christianity and Islam. The study was exploratory in nature, which adopted descriptive adequacy in articulating and examining the underlying alternatives factors that propel national politics and religious violence in Nigeria, thus producing a more comprehensive and total picture of the dynamics of the phenomena under investigation- the understanding of religious violence in Nigeria with minimum distortion. Furthermore, the study adopted a survey method based on the perception of Government officials and Religious leaders regarding religious violence, with a corresponding sample size of 100. The study found that the seeming overwhelming implications of persistent religious violence for Nigeria are three folds; they include; sustained threat to national peace, unity, and security, undermines national political/economic development, as well as socio-cultural and religious harmony and cooperation. In addition, the study found that the present state of religious violence in Nigeria exacerbates bitterness, hatred, and mistrust among the federating units of Nigeria resulting to violent reactions and heightened intra-ethnic and religious clashes, with a volcanic potential to explode into secession by aggrieved groups, internecine civil war, pogroms and/or jihads. Finally, the study recommended that the Nigerian civil society must step up organized and peaceful agitations for fundamental changes in the structure and character of the Nigeria state through a Sovereign National Conference or credible constitution review effort. Also, the Nigerian government and the international community must seize the opportunity of current fragile peace in Nigeria, to implement a number of credible measures aimed at preventing a recurrence of widespread religious conflicts threatening to spill over to a civil war.
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Brems, Eva, and Charles Olufemi Adekoya. "Human Rights Enforcement by People Living in Poverty: Access to Justice in Nigeria." Journal of African Law 54, no. 2 (September 20, 2010): 258–82. http://dx.doi.org/10.1017/s0021855310000070.
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AbstractThis article analyses the challenges facing those living in poverty in Nigeria in accessing justice for the enforcement of their rights, despite those rights being constitutionally protected and despite the existence of a specific procedure for their enforcement. People living in poverty are generally most likely to see their human rights violated, and least likely to enforce their rights. The article posits that the judiciary in developing countries has a crucial role to play in fighting human rights violations specifically affecting people living in poverty, and notes the great challenge for the Nigerian legislator and judiciary towards making justice accessible in practical terms to the needy in Nigeria. The example of public interest litigation in India can serve as a source of inspiration in this respect.
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Sholanke, Oladipo O. "Three Supreme Court Cases on Compulsory Acquisition of Land in Nigeria." Journal of African Law 58, no. 2 (July 28, 2014): 266–77. http://dx.doi.org/10.1017/s0021855314000096.
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AbstractThe law of compulsory acquisition of land in Nigeria is rooted in the country's constitution. It is enshrined that every Nigerian has the right to own private property and that such property shall not be acquired compulsorily, except in the manner and for the purposes prescribed by a law that requires both the payment of prompt compensation and compliance with the rule of law on access to court. In 2012, the Supreme Court of Nigeria delivered three decisions on the compulsory acquisition of land or the revocation of occupancy rights; Alhaji Tsoho Dan Amale v Sokoto Local Government and Others; Goldmark Nigeria Limited and Others v Ibafon Company Limited and Others; and Ohochukwu v Attorney General of Rivers State and Others. These three cases laid down principles on the subject which are worthy of exposition.
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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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Ijaiya, Hakeem, and Hakeemat Ijaiya. "Child Custody (Hadanah) in Islamic Family Law: An Anatomy of Women's Right in Nigeria and Malaysia." ICR Journal 9, no. 1 (September 22, 2020): 66–75. http://dx.doi.org/10.52282/icr.v9i1.138.
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The Quran, the Hadith and the Shari’ah recognise the rights of women to custody of their children when they are no longer with their husband, provided they do not remarry. This right is known as hadanah. The study examines the conditions for the award of hadanah in Nigeria and Malaysia with a view to determining whether its practice is in conformity with the Islamic injunctions. The qualitative approach is used. The qualitative approach includes content, deductive, and inductive analysis as well as comparative method. The references used in this study are the primary and secondary sources. Both materials are analysed accordingly to get the information related to this study. The paper found that women in Nigeria and Malaysia are subjected to ill treatment due to misconceptions about hadanah as an Islamic practice. The study found that women are disadvantaged when securing divorce and custody of their children. The paper concludes that the practice of hadanah in both countries contravenes the constitutional provisions on gender equality. The study recommends that legislative measures be put in place in Nigeria and Malaysia to address the pitfalls of gender-bias.
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Kuehn, Evan F. "Instruments of Faith and Unity in Canon Law: The Church of Nigeria Constitutional Revision of 2005." Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 161–73. http://dx.doi.org/10.1017/s0956618x08001166.
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The Church of Nigeria's canon law revision of 14 September 2005 redefined the terms of inter-provincial Anglican unity from a focus on communion with the Archbishop of Canterbury to communion based explicitly upon the authority of scripture and historic doctrinal statements. This paper will examine the revision as an ecclesiastical reform connected to, yet independent from, the current controversy over human sexuality. Pertinent issues of episcope and ecclesial communion as they are affected by the canon law change will then be examined. Finally, the ecumenical implications of the revision will be discussed, with particular reference to the Anglican–Roman Catholic dialogue and the ‘continuing’ churches of North America.
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Ogowewo, Tunde I. "Why the judicial annulment of the Constitution of 1999 is imperative for the survival of Nigeria's democracy." Journal of African Law 44, no. 2 (2000): 135–66. http://dx.doi.org/10.1017/s0021855300012195.
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The article calls for the alteration of the present risk-benefit calculus of would-be coup plotters that may wish to subvert Nigeria's democracy, by arguing for the introduction of an ex ante risk of ex post prosecution for successful usurpations. The prosecution of those that subverted Nigeria's democracy on 31 December, 1983, will alter the present risk-benefit calculus, which is skewed in favour of coup plotting. Since such a prosecution will not succeed if the constitution imposed on Nigeria by its last military rulers continues to be accepted as valid, the article furnishes the legal basis for its judicial annulment and the consequent unearthing of the Constitution of 1979. By demonstrating that the Constitution of 1999 is a sham, it becomes evident that the judiciary has a duty under the Constitution of 1979 to pronounce this document as null and void.
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Onuoha, V. E., and Michael Attah. "The right to inherit: illegitimacy and Constitutional Liberation in Nigeria – just a legal shield?" Journal of Social Welfare and Family Law 36, no. 3 (July 3, 2014): 226–40. http://dx.doi.org/10.1080/09649069.2014.933586.
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Achara, R. A. C. E. "Can Nigerian Local Government Councils Autonomously Impose Rates?" Journal of African Law 47, no. 2 (October 2003): 221–43. http://dx.doi.org/10.1017/s0021855303002109.
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Having been elected from the same pool from which state and federal officials have emerged, it might, on the face of it, seem rather unjustifiable to deny local government council (LGC) officials the autonomous tax imposition authority, which is ordinarily inherent in any government. But this is what the 1999 Constitution seems to have done in denying the autonomous power of rating to the LGCs, however, this constitution has used words made ambiguous by their historically varying content such that even the highest Nigerian court has been misled. The drafting has led to the impression that LGCs may “impose”, rather than merely “collect”, rates or any other such taxes by their own authority.This article attempts to discover the character and consequences of this hermeneutic problem, the apparent misconceptions that have led to it, and the doctrinal and historical approaches the courts may adopt for its solution. In trying to appreciate or rationalize the court's misapprehension of this part of the constitution, the article suggests that the major reason is the drafter's attempt to create a three-tier federation while at the same time retaining the traditional two-tier constitutional structure for allocation of federalist power.To return the courts to the right path, this article proffers historical approaches for clarification of the conceptual haze. It then concludes that, although the Nigerian constitution allows a delegation of rating power to LGCs, contrary to the current position of the Supreme Court, this rating authority is not autonomous.
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Igwe, Isaac O. C. "Rule of Law and Constitutionalism in Nigerian Democracy: A Critical Relativism Discuss in the Context of International Law." ATHENS JOURNAL OF LAW 7, no. 3 (July 1, 2021): 317–34. http://dx.doi.org/10.30958/ajl.7-3-3.
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The synthesis of rule of law enthrones democracy, justice and goes with such characteristics as liberty, freedom, and the restoration of the dignity of man. The rule of law is predicated upon absolute autonomy being accorded to the judicial arms of the government of any society, state, or country. Thus, the application and interpretation of the law must be under the control of impartial courts adjudicating within the ambit of fair judicial procedures. The dialectics of power and the guiding principles of governance are anchored in the constitution which enshrines the provisions of enforceable laws. The law is the cardinal power of a nation, a direction for due process, and a guiding principle for good governance. The age of enlightenment and the middle ages have a special place for the rule of law as opposed to tyranny otherwise, life could have been chaos. The role of law cannot be left in isolation of democracy as both are interlaced as core universal principles of the civilised world. This paper will explore the rule of law as a paramount factor in constitutionalism, idealism, and realistic principles of the law of any given society. The treatise will in general terms discuss the principles of rule of law and articulate it with the hitherto Nigerian democracy. It will conclude with the argument that complete independence of the judiciary in Nigeria is paramount to ensure proper implementation of rule of law for a better Nigeria. Keywords: Rule of Law; Constitutionalism; Independent Judiciary; Tyranny; Nigerian Democracy. Rule of Law;