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1
Nnaeto, Japhet Olusadum, Emenike Everest Uzor, and Juliet Anulika Ndoh. "Appraisal of the conflict between sharia law and rule of law on rights of women in Nigeria." Global Journal of Politics and Law Research 10, no. 6 (June 15, 2022): 1–26. http://dx.doi.org/10.37745/gjplr.2013/vol10n6126.
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The study “ appraisal of the conflict between sharia law and the rule of law on rights of women in Nigeria is inclined to reviewing the disagreement or incompatibility arising from injustices against women by the sharia law, which the rule of law is at variance with. Through its organ, the United Nations Organization had declared that all human beings, irrespective of gender, colour are entitled to enjoy the content of Universal Declaration of Human Right effective 1948. Consequently, every bonafide member of UNO, including Nigeria, must not only enshrine the declaration in its constitution but must also enforce and sustain such enforcement. The aforementioned exigency informed this study seeing that many states in the Nigerian Federation, especially from the north are fast adopting sharia law.The study was anchored on positive legal theory to critical explain the need for law in the society.Basically, data was elicited through secondary source. Findings revealed inter alia; that sharia law reduced the constitutional rights of women to live a dignified life; the rule of law was not very vociferous against the identified obnoxious practices of sharia law against women in northen Nigeria. Following the findings made, the study concluded that the liberation of women from the shackles of sharia law in Nigeria depends largely on the willingness of the rule of law to enforce the result of repugnancy test against sharia law where it applies. The study recommended interalia; A detailed review of sharia law in Nigeria which are not compatible with the provisions of the constitution; Constitutionalization of affirmative action for women in Nigera and Nigeria should diametrically adopt the provision of Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) to guide in enforcing rights of women against all odds in Nigeria.
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Legarre, Santiago. "What Natural Law Is Not: Distinguishing Natural Law from Other, Related Normativities." Strathmore Law Journal 7, no. 1 (October 15, 2023): 15–23. http://dx.doi.org/10.52907/slj.v7i1.243.
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Custodial congestion still persists as one of the biggest challenges to Nigeria’s Criminal Justice System. This is attributed to the operation ineptitudes of the Nigerian police force which employs means such as holding charges. This paper examines the practice of holding charges in Nigeria as a major contributor to the congestion of correctional facilities in Nigeria. This paper contends that the practice of holding charges is unconstitutional; in violation of the principles of fair hearing; and presumption of innocence and merely a means of administrative expediency. This paper concludes that the practice of holding charge in Nigeria undermines the rights of accused persons and calls for urgent reforms to the Nigerian criminal justice system to ensure that the protection of human rights is in tandem with the basic international human rights laws which mandate States to respect and ensure everybody’s right to personal liberty and security, and therefore, proffer some policy recommendations.
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Orji, Uchenna Jerome. "Law and Practice of Conciliation in Nigeria." Journal of African Law 56, no. 1 (February 13, 2012): 87–108. http://dx.doi.org/10.1017/s0021855311000246.
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AbstractThis article gives a general overview of an alternative dispute resolution (ADR) mechanism known as “conciliation” and the legal framework relating to its practice in Nigeria. Using the UNCITRAL Model Law on International Commercial Conciliation as a normative framework, the article critically analyses the proposed reforms to the existing legal framework for conciliation in Nigeria which are contained in the Nigerian Federal Arbitration and Conciliation Draft Bill and exposes some of its deficiencies. It also investigates the effect of the statutes of limitation on conciliation proceedings. The article also suggests that the institutionalization of conciliation will enhance its viability as an ADR mechanism in Nigeria.
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Olawale, Olagunju-Ibrahim R., Olokooba S. Muhammed, and Solomon O. Afolabi. "Overhauling the Contents of Islamic Law Courses in Nigerian Universities: An Overdue Phenomenon." INTERDISCIPLINARY JOURNAL OF EDUCATION (IJE) 3, no. 1 (May 31, 2020): 11–27. http://dx.doi.org/10.53449/ije.v3i1.104.
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Set on historical context, this paper examines generally the problems hindering the effective learning of Islamic Law (Sharīʻah) in the citadels of learning in Nigeria. In doing this, the paper highlights the history of legal education especially, the high level of teaching and learning of Islamic Law in the pre-colonial Nigeria and the contemporary problems facing quality Islamic legal education due to colonial antipathy for Islamic Law as well as shortcomings in the content of Sharīʻah law curriculum of the Nigerian legal education system. Using doctrinal research method, the paper finds that scanty contents of the Sharīʻah law courses taught to combined law students in Nigerian universities go contrary to the aims and objectives of the founding fathers of the Islamic legal education in Nigeria. To achieve a turn round and improve the situation, the paper recommends the need for overhauling of the contents of all Islamic Law courses in the Nigerian Universities.
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Jemilohun, Bernard. "Liability of Internet Service Providers under Nigerian Law." African Journal of Legal Studies 11, no. 4 (December 10, 2019): 352–70. http://dx.doi.org/10.1163/17087384-12340039.
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AbstractThis paper examines the role of Internet Service Providers as bridges and intermediaries between private persons, organizations even government arms and the Internet and the liabilities placed on them by the law with regard to wrongful acts of their subscribers or clients under the laws of Nigeria. It is common knowledge that actions againstISPs are commonest with defamation and infringement of copyright. The legal framework in theUSand the UKare examined to determine if there are lessons to learn for Nigeria. The Nigerian legal framework also places some responsibilities on ISPs with regard to crime prevention and prosecution. This is because private rights are not yet much of an issue in the Nigerian cyberspace. The paper points out that much of the regulation governingISPs liability in respect of civil matters do not have legislative power but are mere guidelines and suggests that theUSand UKpatterns have a lot to offer Nigeria.
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Ayobami, Joshua Samson. "Relevance of the Doctrines of Natural Law, Human Rights and International Law to the Principle of Self-Determination." Strathmore Law Journal 7, no. 1 (October 15, 2023): 129–47. http://dx.doi.org/10.52907/slj.v7i1.246.
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In recent times, worldwide, agitations for self-determination, whether internal or external (secession), are becoming common. Also, in Nigeria, the agitation for self-determination has become intense. Historically, multiple independent nationalities were cobbled together by the British to form the nation called “Nigeria” without first seeking and obtaining their consent. Invariably, Nigeria is often under threats of instability due to separatist agitations from her diverse ethnic groups. Although, self-determination is expressed to be a “right’’ in different international legal instruments like the United Nations Charter and the African Charter on Human and Peoples’ Rights (ACHPR) and even the International Court of Justice (ICJ) has declared it to be of erga omnes in nature, the nature of this “right’ is still controversial. For instance, it is argued that the right to self-determination originated from natural law. Separatists in Nigeria, agitating for self-determination anchor their arguments on this contention. This paper examine the agitations for self-determination in Nigeria from the standpoints of natural law, the doctrine of human rights and the principles of international law. The objectives are to know if self-determination originated from natural law, and to see the nexus between self-determination and the doctrine of human rights. Also, to identify the status of self-determination as a right under international law; and how all these apply to the Nigerian situation. The paper adopted doctrinal research methodology, using both primary and secondary sources. The paper concluded that the tripartite doctrines of natural law, human rights and international law apply to the Nigerian situation.
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Sholanke, Oladipo O. "Reflections on Some Judicial Decisions on the Construction of the Nigerian Land Use Act." Journal of African Law 37, no. 1 (1993): 89–96. http://dx.doi.org/10.1017/s0021855300011153.
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For this exercise, three of the many new decisions of Nigerian courts on the interpretation of some provisions of the Nigerian Land Use Act have been chosen. Two of the decisions were delivered by the Supreme Court of Nigeria while one was by a Court of Appeal in Nigeria.
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Adepoju, Omoseni, Tobi Nwulu, and Love David. "Evaluating the Role of Nigerian Bankruptcy Law in Enhancing Female Entrepreneurship in Nigeria." Businesses 2, no. 4 (September 30, 2022): 396–409. http://dx.doi.org/10.3390/businesses2040025.
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The study focused on the role of Nigerian bankruptcy law in fostering female entrepreneurship. The study examined how the current bankruptcy law supports female entrepreneurship in Nigeria. This was motivated by the Nigerian government’s recent entrepreneurship drive to meet the country’s excessive challenge of unemployment and poverty. Five principles were utilised in this study to measure current Nigerian bankruptcy law to evaluate its effect on the female entrepreneurship drive in Nigeria. The study adopted a qualitative research methodology to evaluate legal doctrines and relevant literatures. The study’s findings revealed that the present Nigerian bankruptcy law is not entirely favourable to female entrepreneurship. This conclusion was arrived at having measured the Nigerian bankruptcy law against five testable principles. These principles were developed to help as a guide in measuring bankruptcy laws to determine whether they are entrepreneur-friendly. In light of this, recommendations were proffered to reform the current bankruptcy law to introduce better policies that enhance female entrepreneurship.
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Akanle, Olayinka, and Lilian F. Ogunkan. "Mothers-in-Law or Monsters-in-Law." Comparative Sociology 20, no. 5 (November 12, 2021): 590–614. http://dx.doi.org/10.1163/15691330-12341540.
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Abstract In the African kinship system, elders have significant roles. Especially within families, roles including care and socialization are established by cultural normativity. Since socialization processes are intergenerational, older generations inculcate these norms and the values of the society in the younger generation. This makes mothers-in-law relevant in families. The roles of mothers-in-law in younger families are widely acknowledged as key in providing intergenerational training and general family support in Nigeria. However, these intergenerational roles are complex and variously interpreted and constructed to the extent that they may engender inherent conflicts across generations in Nigerian families. These differential interpretations and constructions form perspectives of how people interpret the roles of mothers-in-law. They have implications for family wellbeing, social change, and demographic ethos, yet previous studies have not sufficiently captured these nuances. Therefore, this article empirically examines the intersectionalities of Mothers-in-Law (MsIL) roles, perspectives, social constructions of roles, and existentialities in the context of Nigeria within a broader framework of family demographic change and social development. Specific objectives of this article include understanding constructions and drivers of opinions, ideas, and worldviews about mothers-in-law and examining the preferred choice of family and perceived continuities and discontinuities relative to MsIL realities among unmarried youths.
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Odia, Sylvester, and Valentine Inagbor. "The Value of Human Life in the Nigerian State." NIU Journal of Social Sciences 9, no. 2 (June 30, 2023): 21–28. http://dx.doi.org/10.58709/niujss.v9i2.1621.
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This paper sets out to exam the ontological meaning of life based on the relationship that exists among the Nigerian citizens, government and its law enforcement agents. Down through the ages the scenario created by the Nigerian government and its law enforcement agencies in the careless mishandling of the citizens they swore to protect with their positions is becoming a terrific and an imaginable phenomenon. The insensitive mishandling of the citizens as low breed animals has forced people to ask whether life in Nigeria is a right or a privilege. The government and its law enforcement agencies in Nigeria are now playing God and assuming the position of God when dealing with the citizens. In Nigeria, fundamental human rights exist in shadows and utopic impressions of false hope. The absolute disregard for the fundamental human rights and the rule of law in Nigeria have led to man’s in-humanity to man in the country, insecurity, corruption, outright injustice, and mass exodus of the citizens to foreign lands where life is more secured. Using the historical and phenomenological methodologies, this paper examines the precarious nature of human life in the Nigerian State with historical facts, references and without bias, and further made some recommendations on how to navigate out of this uncivilized and barbaric system we presently find ourselves in the 21st century. Keywords: Life, Right, Bad leadership, Corruption, Nigerian State, Law Enforcement Agencies.
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J. Adams, Dr Adoga-Ikong, and Dr Michael Takim Otu. "Customary Law Marriage Practice in Nigeria: Women and Human Rights." Journal of Social Sciences Research, no. 63 (March 15, 2020): 272–75. http://dx.doi.org/10.32861/jssr.63.272.275.
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Marriage has been defined as a voluntary union between a man and a woman or women (in the case of customary marriage) for life to the exclusion of any other. In other words, it is a legal union which exists between a man and a wife(s). The practice is acceptable world over and it is usually legally recognized. In Nigeria, though there exist a statutory marriage which is monogamous in nature but most prevalent is the customary marriage. This marriage is practiced among all the tribes in Nigeria despite the fact that there exist statutory marriages. One thing that is pertinent here is that the practice of customary marriage in Nigeria has violated the human rights of the couple especially the women. The women in Nigeria have not enjoyed their human rights in their customary marriage. This is due to certain customs and traditions that do not allow for such. Among the few are undue reliance on consent of their parents. Before a marriage can be contracted female genital mutilation, the corresponding rights to bring an action for dissolution of marriage if the other party commits adultery, etc. As a result of the above (and many others) Nigerian woman is deprived of her rights. This work seeks to examine these practices which stand as hindrances to the rights of a married woman in Nigeria and therefore suggests that Nigerian women should be allowed to enjoy her basic human rights (even as a married woman) just like her husband, also that the practices in other climes where women enjoy their human rights should be imbibed in Nigeria.
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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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Kehinde, Adeola Olufunke. "History оf Telecommunication Law in Nigeria." Open Journal for Legal Studies 6, no. 1 (April 14, 2023): 1–6. http://dx.doi.org/10.32591/coas.ojls.0601.01001k.
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The telecommunications sector is a significant contributor to the global economy and is vital to the competitiveness of the economy. Market liberalization’s goal and objective encompasses both general economic growth and the advantages to consumers of lower pricing, more service options, higher service quality, and a wider selection of products. As a means of enacting regulatory changes in the telecommunications sector, telecommunications regulation is of the utmost importance. In the telecommunications sector, regulatory reform has become a crucial area. For regulatory reforms to be successful, regulatory regimes must be transparent, consistent, and all-encompassing, encompassing everything from setting up the right institutional framework to liberalizing network industries, promoting and enforcing competition law and policy, and opening both internal and external markets to trade. This article examines the historical background of telecommunications in Nigeria is traced. It examines several developments that have taken place in the Nigerian telecommunications industry. It further examines several regulatory regimes in the Nigerian telecommunications industry prior to Nigeria’s independence in 1960 and post-independence till 2003.
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Chioma Clementina Odo, Izunna Somadina Okwelogu, Ifeanyi Onyema Oshim, George Uchenna Eleje, and Sarabpreet Singh. "The contribution of anti-abortion law on maternal mortality: A case study in Nigeria." GSC Advanced Research and Reviews 16, no. 2 (August 30, 2023): 023–31. http://dx.doi.org/10.30574/gscarr.2023.16.2.0323.
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Background: Abortion in Nigeria has been controversial, and both the proponents (protagonists) and opponents (antagonists) have good arguments. Proponents of the abortion prohibition law of Nigeria (the pro-life group) argue that human life is sacred and the right to life is basic; hence, on no account should one be deprived of that fundamental human right, not even the fetus in-utero. Objectives: This review aims to discuss the concepts of abortion and maternal mortality, analyze the Nigerian abortion laws, discuss issues and controversies with abortion in Nigeria as it relates to maternal mortality and morbidity; and discuss the contributions of this Law on maternal mortality and morbidity in Nigeria. Method: The relevant materials for this article were obtained from search engines such as PubMed and Google Scholar respectively. Conclusion: Reviewed literature reveals that many of the contributory factors to maternal mortality could be avoided if preventive measures were taken and adequate care was available. In view of this, efforts should be made by governments and policy makers towards the provision of safe, available and effective abortion care to Nigerian women at all levels of health care, most especially at the grass-root level, primary health care. The study also revealed a poor level of awareness of the Nigerian Abortion Law among women. It is therefore necessary to ensure the wide dissemination of the abortion law and its provisions to the Nigerian public in order to arm them with the necessary information to participate actively in campaigns on abortion law reforms.
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Adebola, Bolanle. "Common Law, Judicial Precedents and the Nigerian Receivership Procedure." Journal of African Law 58, no. 1 (January 20, 2014): 129–44. http://dx.doi.org/10.1017/s0021855313000181.
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AbstractBefore the enactment of the Companies and Allied Matters Act (CAMA) 1990, receivership in Nigeria was governed by case law, informal rules (of practice) and the Companies Decree 1968. Nigerian judges were heavily influenced by British case law, precedents were British and the Nigerian Companies Decree was a transplant of the British Companies Act 1948. Against this background, the Supreme Court of Nigeria delivered the Intercontractors decisions in 1988, which subsequently governed the nature, status and powers of Nigerian receivers. In 1990, CAMA introduced a more robust receivership regime which prescribed the nature, status and powers of the receiver, reversing some of the Intercontractors principles. However, the courts, particularly the Supreme Court, failed to enforce the relevant provisions of CAMA or to examine the applicability of the Intercontractors principles that they conscientiously enforced. This article examines the validity of the Intercontractors principles and their continued relevance under CAMA 2004.
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Ismail Adebowale, Hassan. "Legal Training In Nigeria: Innovation, Technology And Regulatory Reforms." Kampala International University law journal 5, no. 1 (May 12, 2023): 174–91. http://dx.doi.org/10.59568/kiulj-2023-5-1-10.
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Information technology is the new face of the World system from which comes the legal education system and it is well in sync with the present generation of students in this new information age. Law teachers and students are gradually catching up with this new innovation with the introduction of clinical legal education in most of the law faculties in Nigeria. Also, the incorporation of the Core Curriculum and Minimum Academic Standards (CCMAS) into the Nigerian Universities System, and the mandatory implementation of the clinical legal education in Nigerian law faculties are strong indications that the law faculties in Nigeria are open to innovations and technology in their teaching methodologies. The paper explains the regulatory reforms introduced by the National Universities Commission and the Council of Legal Education which are paradigm shift from the traditional teaching methods to students’ friendly modern learning approach. The paper concludes that law teachers are also in need of training as the teachers cannot impart the skills they do not possess. The paper, therefore, recommends that the Council of Legal Education should work together with the National Universities Commission for proper implementation of the new teaching innovations in Nigeria.
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Omotuyi, Opeyemi Yetunde. "Customary Practices and the Conflict with Law: Case Study of Marriage under Selected Native Laws and Customs in Nigeria." ABUAD Law Journal 7, no. 1 (2019): 223–44. http://dx.doi.org/10.53982/alj.2019.0701.10-j.
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Customary law is recognized as an integral part of the Nigerian legal system. Consequently, several enactments, such as the Marriage Act, Matrimonial Causes Act and Evidence Act, inter alia, identify the existence of customary law marriage in Nigeria. Even though the features of customary law marriage differ from one community to another, it is characterised by basic features whichshare peculiar similarities across various communities. Similarly, there are several practices and procedures peculiar to customary law marriage in Nigeria; these practices and procedures differ from one place to another. Even though customary law is described as a law which is generally accepted by a community as binding on them, it is noteworthy that such law is sometimes irrational, and may not always serve the best interest of society as a whole. Often times, it may be of interest to a particular group in the society at the expense of subordinating another group. This article explores some of the customary laws and practices of marriage in Nigeria. In so doing, it identifies those areas where the interests of one societal group are promoted at the expense or detriment of those of another group thereby, conflicting with major statutory provisions in Nigeria, as well as provisions of international Conventions to which Nigeria is a signatory.
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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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Omotola, J. A. "Planning Law in Nigeria." Third World Planning Review 13, no. 4 (November 1991): 381. http://dx.doi.org/10.3828/twpr.13.4.gk7403454x580867.
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Ekhator, Eghosa Osa, and Linimose Anyiwe. "Foreign direct investment and the law in Nigeria: a legal assessment." International Journal of Law and Management 58, no. 1 (February 8, 2016): 126–46. http://dx.doi.org/10.1108/ijlma-08-2014-0049.
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Purpose – This paper aims to explore the laws that govern Foreign Direct Investment (FDI) in Nigeria. The history of company law and the rise of multinational corporations clearly illustrate the attempts by the Nigerian Government to encourage the inflow of FDI. The different stages of Nigeria’s legal development will be examined in this paper and subsequently an assessment of the laws regulating FDI in the different investment sectors will be in focus. Design/methodology/approach – This paper uses a doctrinal approach by undertaking a sectorial analysis of different sectors or segments of the Nigerian economy highlighting their various regulatory frameworks. The agricultural, steel, banking, employment and oil sectors is focussed in this paper. Findings – This paper demonstrates that for FDI to have positive impacts on the different sectors of the Nigerian economy, the various laws regulating the different sectors should be amended to reflect current realities. Originality/value – This paper provides a fresh illumination or analysis to the legal barriers inhibiting FDI in Nigeria. It does this by highlighting the various laws affecting FDI in different sectors of the Nigerian economy.
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Obikaeze, Victo C., Agary Ndubuisi Nwokoye, Bassey Manasseh, and Omokiniovo Harriet Efanodor-Obeten. "The United States-Nigerian Military Co-operation and Adherence to Rules of Engagement by the Nigerian Military during Internal Security Operations, 1999-2020." Journal of Contemporary International Relations and Diplomacy 4, no. 1 (July 4, 2023): 710–22. http://dx.doi.org/10.53982/jcird.2023.0401.05-j.
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Despite United States-Nigeria military cooperation which has provided an opportunity for professional training of the Nigerian military, particularly in the area of ‘rules of engagement’, there has been series of reported human rights violations in Nigeria. This usually takes place during internal conflicts that necessitate the intervention of the military. There has been non-adherence to international humanitarian law as well as weak enforcement of national legal frameworks pertaining to human rights. The study examined how the U.S. professional training has reoriented the Nigerian Armed Forces regarding respect and protection of human rights in conflict situations. The study adopted ‘case study’ method that focuses on few cases in order to engage in an empirical analysis. There still existing lacunas in the operations of the Nigerian armed forces regarding protection and respect of the rights of civilians. Thus, there have been widespread and pervasive human rights abuses perpetrated by the Nigerian military which have resulted to arbitrary killings, tortures, rapes and so forth. Sadly, the Nigerian state provides shield to the perpetrators of unlawful acts that pervert the basic rules of engagement. Absence of effective rule of law in Nigeria emboldens the army in particular, to perpetuate colossal human rights violations. The paper argues that the behavioural patterns of the Nigerian military would remain unchanged until the character of the Nigerian state changes. There should be a strong recall of rule of law by establishing strong institutions where the justice system in Nigeria is viable enough to control the state itself.
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de Groot, Cees. "The Shell Nigeria Issue: Judgments by the Court of Appeal of The Hague, The Netherlands." European Company Law 13, Issue 3 (June 1, 2016): 98–104. http://dx.doi.org/10.54648/eucl2016015.
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On 18 December 2015, the Court of Appeal of The Hague in The Netherlands handed down three judgments in connection with the ‘Shell Nigeria issue’: a series of claims brought by Nigerian residents and by the association Vereniging Milieudefensie against four legal entities belonging to the Shell Group based on allegations of environmental damage resulting from the group’s operations in Nigeria. In its judgments, the Court of Appeal discussed the issue as a matter to be decided under Nigerian, and by extension, common law. With all reservations, the chance that Milieudefensie et al.’s claims would succeed under the applicable Nigerian common law should not be dismissed.
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Anyia, Albert. "Muslim Organisation and the Mobilisations for Sharia Law in northern Nigeria: The JNI and The NSCIA." Journal of Asian and African Studies 52, no. 1 (July 28, 2016): 82–102. http://dx.doi.org/10.1177/0021909614560246.
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This paper examines the role of Muslim religious organisations in northern Nigeria as religious interest groups in relation to government decision-making, including their role as ‘superior Muslim influence’ in the introduction and dissemination of Sharia law in 12 northern states in Nigeria. Two of the most prominent Muslim organisations in Nigeria, the J’amatu Nasril Islam (JNI) and Nigerian Supreme Council for Islamic Affairs (NSCIA), are examined in this regard to compare and highlight their lobbying strategies in their attempt to justify claims to representing over 80 million Muslims in Nigeria. This paper suggest that Islam and the support from Muslim organisations were significant influences on government policy-makers involved in the process of adopting Sharia law in the northern states. Overall, this paper concludes that Muslim organisations have superior influence, have significantly marginalised non-Muslims and have focused on Sharia law policy, thus enabling an analysis of the relationship between religion and politics in Nigeria.
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Taiwo, Oluwafikunayo D. "The Restrictive Approach to Legal Representation in Arbitration Proceedings and Its Unintended Consequences in Nigeria." Journal of International Arbitration 37, Issue 2 (April 1, 2020): 271–88. http://dx.doi.org/10.54648/joia2020013.
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The issue of legal representation in arbitration proceedings accounts for one of the sub-factors of ‘formal legal structure’ and ‘national arbitration law’ that disputing parties consider before choosing a seat of arbitration. Indeed, the ability of disputing parties in arbitration to freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not admitted to the Nigerian bar as their representatives in arbitration proceedings. This article examines the impact of this restrictive approach on the attractiveness of Nigeria as a seat of arbitration. The article identifies scope for reform in the law and makes suggestions to create a more liberal legislative and judicial framework in order to promote Nigeria as a preferred seat for arbitration. Arbitration, Legal representation, Seat, Nigeria
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Ojedokun, Usman Adekunle. "Situational and Contextual Factors Sustaining Police Impersonation in Nigeria." Policing: A Journal of Policy and Practice 14, no. 2 (March 30, 2018): 428–37. http://dx.doi.org/10.1093/police/pay024.
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Abstract Police impostors are not only undermining the performance of the Nigeria Police Force, but they are also impinging on the image of the organization. In view of this, this article examined the situational and contextual factors sustaining police impersonation in Nigeria. Situational choice theory was employed as conceptual framework. The existence of six major conditions in Nigeria is encouraging criminally-minded individuals to illegally take-up police identity. Police impersonation is inhibiting the service delivery capacity of the Nigerian police officials in a number of ways. Therefore, it becomes highly imperative for the Nigeria Police Force to design a holistic framework to effectively control the physical and cyber activities of impersonators using police identity to perpetrate different forms of crime.
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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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Chinwa Ole, Ngozi, and Onyekachi Eni. "Towards the implementation of the Paris Climate Change Agreement 2015: Opportunities and Challenges for the Network of Universities Legal Aid Institutions (NULAI) Nigeria." International Journal of Clinical Legal Education 27, no. 3 (November 13, 2020): 146–75. http://dx.doi.org/10.19164/ijcle.v27i3.1041.
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The Paris Climate Change Agreement 2015 represents a vindication of environmental multilateralism given that for the first time in the history of international climate change law, over 196 sovereign states voluntarily subscribed to be bound by a treaty for the mitigation of climate change. The Nigerian government has ratified the Paris Agreement, and subsequently undertakes in its National Determined Contributions (NDCs) to adopt some measures for the mitigation of climate change. The usefulness of the Paris Agreement 2015 in mitigating climate change in Nigeria is contingent on the actual implementation of the Agreement, including the Nigerian NDCs. The Paris Climate Change Decision 2015 recognises and, emphasises that non-party stakeholders including civil societies have some vital roles to play in the successful implementation of the Agreement. This paper examines the role that the Network of Legal Aid Institutions (NULAI) Nigeria can play in the successful implementation of the Paris Climate Change Agreement 2015 in Nigeria, in the light of the recognised role of civil societies in this context. It argues that NULAI can use the instruments of litigation, street lawyering and advocacy to catalyse the successful implementation of the Agreement in Nigeria. On the one hand, it argues that there are possible limitations to the role of NULAI. One such defect is the absence of any justiciable right emanating solely from the Paris Agreement 2015 and, Nigerian NDCs. Another limitation is the low level of awareness of the international climate change law among student law clinicians and staff within the Nigerian universities. The paper concludes by making recommendations on how to surmount the identified problems. A key recommendation is the use of human-right based approached litigation to secure the enforcement of the provisions of the Nigerian NDCs and, the establishment of climate change focused law clinics.
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Adaralegbe, Bayo. "Application of Limitation Laws to Oil Spill Compensation Claims in Nigeria." Journal of African Law 62, no. 3 (October 2018): 403–25. http://dx.doi.org/10.1017/s0021855318000244.
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AbstractThis article examines a recent decision of the Nigerian Court of Appeal that essentially pronounces that, in respect of oil spill litigation in Nigeria, statutes of limitation are inapplicable to the federal law that creates the basis for oil spill compensation claims. This decision has dire consequences for the Nigerian oil and gas industry. The article finds this decision not only bad for public policy but actually based on very faulty reasoning and contradictory of an earlier decision of the Court of Appeal that was not considered. The article concludes that, despite this decision being the most recent, lower courts in Nigeria are not bound to follow it.
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Kehinde, A. O., and O. Abifarin. "Legal Framework for Combating Climate Change in Nigeria." Kutafin Law Review 9, no. 3 (October 5, 2022): 395–414. http://dx.doi.org/10.17803/2713-0525.2022.3.21.395-414.
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A very important issue that needs to be addressed urgently across the globe is the issue of climate change. Nigeria as a country is not left out in the battle against climate change. One of the major things that results in the change in climate is the low level or inadequate laws governing activities which lead to climate change. The laws available are ineffective as the level of compliance with the existing laws is extremely low; ignorance on the part of Nigerians is another major issue as an average Nigerian is not aware that his/her day-to-day activities might result in a change in climatic condition. The concept of climate change is a concept in Nigeria that has received a bit of recognition but has not been addressed as it ought to be. This paper examines the effects of climate change on Nigerians and the Nigeria environment in its totality; it further makes an overview of the international conventions on climate change while evaluating the adoption of the international conventions by Nigeria. It examines the laws put in place by the Nigeria government in relation to environmental protection generally and further considers their effectiveness. It concludes that there is no solid legal framework to combat climate change in Nigeria and that the laws put in place to govern environmental protection in Nigeria are grossly inadequate. It protection in Nigeria are grossly inadequate. It recommends that new laws should as a matter of urgency be promulgated to tackle the menace of climate change in Nigeria.
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Onyemelukwe, Cheluchi. "Discrimination on the basis of HIV status." International Journal of Discrimination and the Law 17, no. 3 (August 21, 2017): 160–79. http://dx.doi.org/10.1177/1358229117727415.
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HIV/AIDS remains a significant public health challenge in Nigeria, with over three million persons living with the condition. Throughout the history of HIV/AIDS in Nigeria, persons living with the condition have faced stigma and discrimination in various areas including access to health services, access to education, access to employment, among others. In the past, because of lacunae in Nigerian law and jurisprudence, it has been the subject of debate whether Nigerians living with HIV/AIDS are adequately protected by law. Recent developments in legislation such as the federal HIV/AIDS Anti-Discrimination Act, 2014 and judicial decisions in 2012 and 2016 on discrimination on the basis of HIV status suggest a positive shift of the law to full protection of the rights of persons living with HIV/AIDS in Nigeria, particularly in the area of employment. This article provides an analysis of these recent developments in the law and argues that the time has come to amend the Constitution of the Federal Republic of Nigeria to include health status as a ground upon which one cannot be unduly discriminated against.
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Okafor, Obiora Chinedu, and Dakas C. J. Dakas. "Teaching “Human Rights in Africa” Transnationally: Reflections on the Jos-Osgoode Virtual Classroom Experience." German Law Journal 10, no. 6-7 (July 2009): 959–68. http://dx.doi.org/10.1017/s2071832200001437.
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During the Fall of 2007, as part of a much broader York-Nigerian Universities linkage project that he had been working on for some time, Professor Okafor taught an internationalized version of a pre-existing existing course entitled “Human Rights in Africa.” At the same time, Professor Dakas of the Faculty of Law, University of Jos, Nigeria (assisted by Mr. J.D. Gamaliel) taught a similarly modified version of an existing course at their own institution. Professor Dakas, a former Hauser Global Scholar at New York University and most recently the attorney-general of the Plateau State of Nigeria) was the lead faculty at that partner law school in Nigeria.
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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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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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Joshua, Udi, Aishat Princess Umar, and Ayobami Temitope Owolabi. "Government expenditure and economic growth nexus: How valid is Wagner’s law in the Nigeria situation?" Sustainable Economies 1, no. 1 (November 26, 2023): 2. http://dx.doi.org/10.62617/se.v1i1.2.
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This study specifically aims at verifying if Wagner’s law is consistent with the Nigerian situation by adopting the ARDL method. Findings from the estimation prove that Wagner’s law is a fallacy in Nigerian experience. In contrast, the Keynesian theory of national income is applicable to the economy of Nigeria, as demonstrated by the strong positive impact of government expenditure on economic growth. Equally important, FDI inflows demonstrate a strong positive relationship with the economic growth of Nigeria. Note that Nigeria went into recession recently and is now going through the recovery stage. This, in line with the findings, calls for the adoption of an expansionary fiscal policy in order to stimulate aggregate demand and, by implication, improve output performance in the economy. Most importantly, the increased government spending should be tailored toward the viable sectors with close monitoring to avoid diversion of resources through corruption. Efforts should also be made toward attracting foreign companies to invest in the economy.
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Klantschnig, Gernot. "The politics of law enforcement in Nigeria: lessons from the war on drugs." Journal of Modern African Studies 47, no. 4 (November 12, 2009): 529–49. http://dx.doi.org/10.1017/s0022278x09990036.
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ABSTRACTThis article examines the institutional politics of law enforcement in Nigeria by focusing on illegal drug control since the mid 1980s. It assesses the available academic research on law enforcement governance, and contrasts it with an in-depth case study of drug law enforcement. The case study confirms views of the politicised nature of law enforcement. However, it goes beyond the patron–client centred approach to politics prevalent in the literature on African policing. The article adds an institutional dimension to the study of law enforcement governance, highlighting processes of centralisation, exclusion and shifting bureaucratic interests that have been central to the development of Nigerian drug law enforcement. It is based on previously inaccessible data from inside Nigerian drug law enforcement.
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Herbert, Eti Best. "Application of Electricity Federalism in Nigeria: Drawing Inspiration from America." African Journal of International and Comparative Law 29, no. 2 (May 2021): 223–43. http://dx.doi.org/10.3366/ajicl.2021.0361.
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This paper examines the theory and practice of electricity federalism in the Nigerian federation. Although Nigeria is an American-styled federal entity, its practice does not reflect the true principles of federalism as practiced in America. Nigeria's electricity sector is a reflection of its imperfect practice of federalism. The effect is felt in the poor performance of the electricity sector, especially off-grid undertakings. Thus, this study turns to the practice of electricity federalism in the United State of America as a model federalist system from which Nigeria can draw inspiration towards a better practice of electricity federalism. Evidence from America demonstrates how fiscal federalism led to a robustly developed power sector. It is argued that, although constituent states of Nigeria have the legal capacity, they lack the wherewithal to develop robust off-grid electricity undertaking under the current federalist system. Hence, political restructuring that would ensure fiscal federalism is needful in Nigeria.
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Etemire, Uzuazo. "Public Access to Environmental Information: A Comparative Analysis of Nigerian Legislation with International Best Practice." Transnational Environmental Law 3, no. 1 (January 28, 2014): 149–72. http://dx.doi.org/10.1017/s2047102513000575.
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AbstractPublic access to environmental information is a recurring theme in many international environmental law regimes. Nigeria has ratified and committed itself to many such regimes over the years. And yet, until recently, it had a culture of secrecy in (environmental) governance that was sustained by legislation, with the attendant harm to the environment and public well-being. This changed in 2011, with the enactment of the Nigerian Freedom of Information (FOI) Act. This article uniquely assesses the value of the Nigerian FOI Act in relation to what may largely be considered international best practice principles on public access to environmental information as generally reflected in the UNECE’s Aarhus Convention. Even though Nigeria is not a party to it, it is argued that the Convention is still legally and politically relevant to Nigeria. This comparative analysis will reveal areas where the Nigerian FOI Act aligns with, probably goes beyond, but also falls short of best practice, thus leading to some suggestions for improvement in the Act in order to ensure better public access to environmental information.
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Sodipo, Bankole. "Are foreign copyright works protected in Nigeria?" Queen Mary Journal of Intellectual Property 10, no. 2 (June 9, 2020): 238–54. http://dx.doi.org/10.4337/qmjip.2020.02.05.
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Despite Nigeria's treaty obligations, Nigerian courts have, in the last quarter of a century, consistently but erroneously held that the Nigerian copyright statute does not protect copyright works of foreign persons. The purport of the decisions is that foreign persons cannot sue to protect their copyright in Nigeria. Given that the decisions of three trial courts and a Court of Appeal decision were never appealed to the Supreme Court, they arguably remain good precedent. The decisions suggest that foreign direct investors who need copyright protection are exposed in Nigeria. Relying on two of these cases, a leading intellectual property law text echoed this erroneous position. This article demonstrates that the decisions were reached in ignorance of applicable statute. As such, the decisions should not be followed by trial courts irrespective of the rule of binding judicial precedent. The article outlines various mechanisms within the copyright statute that extend the protection of the Nigerian copyright statute to foreign works. This article goes further than previous works. Unlike earlier works, this article suggests the path trial courts should tread, despite the rule of precedent, in distinguishing this line of cases to hold that foreign corporations incorporated in many treaty countries and foreign works emanating from many treaty countries are protected in Nigeria. Unlike earlier works, this article demonstrates that lower courts may refer this issue to higher courts for interpretation and guidance under the case stated procedure. Whilst other works made passing references to the Copyright (Reciprocal Extension) Order 1972 (the 1972 Order), that arguably extends copyright to foreign works under the Copyright Act 1970, none cited judicial authority that held that the 1972 Order made under the repealed Copyright Act 1970 is still valid under the current Copyright Act. None referred to the Interpretation Act that supports this judicial authority. Unlike previous work, this article reveals that if the Microsoft case that is the most significant of these cases is appealed to the Nigerian Supreme Court, the court will extend the time within which the Microsoft Corporation can appeal and reverse Microsoft and the line of cases identified in this article.
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Chegwe, Emeke, and Michael Akatugba. "Evaluating the Role of a Non-Doctrinal Legal Research Method on Legal Education and Practice in Common Law Africa: Nigeria as a Case Study." International Journal of Clinical Legal Education 30, no. 1 (March 17, 2023): 57–86. http://dx.doi.org/10.19164/ijcle.v30i1.1214.
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This paper presents the results of a study examining the relationship between a non-doctrinal legal research method (NDLRM) and the quality of legal education and practice, with a view to determine the reason for the increasing poor quality of law graduates from common law African countries. Consequently, in this study, faculties of law offering NDLRM in Nigerian universities were investigated as a case study and the challenges of doing so. To achieve the objective of this study, an experimental research design was formulated. Interviews were conducted and a NDLRM challenges questionnaire developed and administered amongst a selected population of law teachers and law students across the six geo-political zones of Nigeria. Data collected from the respondents were analysed using descriptive statistics. The results of the analysis showed a positive co-relationship between NDLRM and legal education and practice. Law students were not taught NDLRM in Nigerian universities and their teachers were not taught NDLRM as students in Nigerian Universities. In the conclusion of this paper, compulsory training on inter-disciplinary research for all law teachers in Nigeria was recommended. Further, the provision of adequate funding for research in all faculties of law and adequate training facilities such as smart boards and software for teaching empirical research in all law faculties should be a priority.
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Adedayo Adelowokan, Oluwaseyi, and Adeteji Olusegun Оkutimiren. "UNEMPLOYMENT AND ECONOMIC GROWTH IN NIGERIA: DOES OKUN’S LAW MATTERS?" Scientific Journal of Polonia University 32, no. 1 (April 3, 2019): 26–37. http://dx.doi.org/10.23856/3203.
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The situation in Nigeria is rapid population growth with high level of unemployment rate. The theoretical proposition of the Okun’s law suggests an indirect relationship existing between unemployment and output growth. This study tests the validity of Okun’s law by examining the impact of youth employment generation on sustainable growth in the Nigerian economy. We modeled real gross domestic product against unemployment rate, population growth, labour and government expenditure between 1986 and 2017. The empirical findings show that there is short- and long- run relationship existing between unemployment rate, population growth and output growth in Nigeria. Hence, study recommends that the activities by the government in promoting economic growth in the country should be geared towards promoting employment for the people in other sector.
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Aidonojie, Paul Atagamen, Majekodunmi Toyin Afolabi, and Omolola Janet Adeyemi-Balogun. "UNETHICAL AND UNCENSORED CONTENT CREATION IN NIGERIA ENTERTAINMENT INDUSTRY: SPRINGING THE LAW TO ACTION." JHR (Jurnal Hukum Replik) 11, no. 2 (October 17, 2023): 173. http://dx.doi.org/10.31000/jhr.v11i2.8302.
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Though it can be argued that the essence of the Nigerian entertainment industry meant to entertain the general public, however, it is apt to opine that the Nigerian entertainment industry also has the duty to educate, pass informative messages, and model the character of young adults and children within Nigeria. However, it has been observed that the majority of the content creation within the Nigerian entertainment industry is becoming very sexually dissipated, decadent, and corrupting the Nigerian’s child morals. It is in this regard, that this study embarks on a hybrid method of study concerning the legal and ethical issues of uncensored content creation in the Nigerian entertainment industry. In this regard, 304 questionnaires were sent to respondents resident in Nigeria. The study found that there are legal frameworks censoring content creation within the Nigerian entertainment industry. However, there are still high incidences of sexually dissipated content that could corrupt the good morals of the Nigerian child. It was therefore concluded and recommended that to effectively modeled the morals of the Nigerian child, there is a need for judicial activism and various stakeholders to swing the law into action in curtailing incidences of uncensored content creation within the Nigerian entertainment industry.
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Ebbe, Obi N. I. "Nigeria." Trends in Organized Crime 4, no. 3 (March 1999): 29–59. http://dx.doi.org/10.1007/s12117-999-1039-9.
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Chukwu, Amari Omaka. "Decongesting Prisons in Nigeria: the EBSU Law Clinic model." International Journal of Clinical Legal Education 20, no. 2 (July 8, 2014): 533. http://dx.doi.org/10.19164/ijcle.v20i2.21.
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<p>Due to the growing problems of overcrowding and prison congestion in Nigeria, the need to conduct this pro bono study became imperative. This study is a needs assessment, evaluation and fact finding of the challenges and access to judges problems of detainees of Abakaliki and Afikpo Federal Prisons in Ebonyi State Nigeria. Bearing in mind the UN Standard Minimum Rules and other instruments in international law, the project report generally captures the following information:-</p><ul><li>State of the Structure of the prisons </li><li>Infrastructure at the prisons </li><li>Facilities at the prisons </li><li>Welfare of the inmates at the prison </li><li>Welfare of the prisons staff </li><li>Access to Justice by the inmates and</li><li>Other ancillary issues such as children in prison, over age in prison, nature of offences etc. </li></ul><p>In carrying out this study, empirical method of data collection and analysis was used. The two prisons in the state were visited and 250 prisoners responded to both the questionnaire and direct interview. Some staff of the Nigerian Prison Service and warders were also interviewed. The findings of this study were significant and highly revealing. The study specifically highlights certain issues of concern and proffers recommendations to address identified challenges. The report would serve as a national and international reference material as well as a programmatic tool for working out specific programmes and interventions to address the myriad problems facing the Nigerian prison system specifically, and the criminal justice administration system in Nigeria generally. The findings in this project are significant, the recommendations rich, we enjoin the government and development partners to implement them.</p><p> </p>
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Abila, Sylvanus. "How Nigeria Deals with Environmental Damages? An Environmental Legal Perspective." Journal of Law and Legal Reform 2, no. 1 (January 4, 2021): 51–64. http://dx.doi.org/10.15294/jllr.v2i1.39041.
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The paper carries out a review of the environmental problems associated with atmospheric pollution, air quality emissions and applicable control mechanisms in the detection and evaluation in the Niger Delta region of Nigeria in the light of global trends and best practices given the magnitude of gas flaring taking place in Nigeria’s Niger Delta daily. This is flowing from the findings that gas flaring continues to be a major health hazard to humanity, domestic and global environment. Also considered are the Challenges facing air quality and carbon management in Nigeria and the place of the ongoing National Space Research and Development Agency (NASRDA) funded research on air quality and carbon management and the recent release of the twin regulations of: the Flare Gas (Prevention Of Waste And Pollution) Regulations, 2018 and the Nigerian Gas Flare Commercialization Programme (NGFCP) by the Federal Government Of Nigeria aimed at stopping gas flares in the year, 2020. The paper adopts an admixture of the historical, comparative, the law and development and empirical approaches in appropriate cases.
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Ifebunandu, Joseph C. "Settling Disputes in the Nigerian Banking Sector: Why Not Arbitration?" Journal of International Arbitration 33, Issue 5 (October 1, 2016): 563–75. http://dx.doi.org/10.54648/joia2016040.
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In every economy, it is commonly accepted that the financial health and stability of its banking sector is a key indicator of that economy’s performance. As a result, the volume of banking transactions is bound to rise with increased economic activities. With increased foreign direct investment in Nigeria and the Central Bank of Nigeria (CBN) consolidation exercise of 2005, Nigerian banks have achieved increased transactional capacity within the past decade. A primary result of these increased economic and banking activities is a similar increase in disputes arising from banking transactions and activities, ranging from retail banking disputes to those arising from specialized products. For all stakeholders in growing economies (particularly foreign investors), an effective and prompt mode of dispute resolution has a high impact on the sustainable growth of such economies. This article analyses the current dispute resolution trends in the Nigerian banking sector as well as key considerations for banks in using arbitration as a dispute resolution mechanism. It also assesses major challenges that banks may face, with likely mitigations. Finally, it discusses the need for the further development of arbitration as an effective option for resolving banking disputes in Nigeria.
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Babalola, Afe, and Clement C. Chigbo. "Recent Developments in the Nigerian Company Law." ABUAD Private and Business Law Journal 2, no. 1 (August 31, 2018): 1–23. http://dx.doi.org/10.53982/apblj.2018.0201.01-j.
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One of the various modes of doing business is to form a registered company. Prospective business persons and entrepreneurs who are desirous of pursuing commercial ventures in Nigeria would be forming companies limited by shares (that is a company where the liability of the shareholders for the debts of the company is limited to the amount unpaid on their shares). There are other types of company and business entities that can be registered in Nigeria (e.g. the company limited by guarantee and trust companies etc.). The contribution of the Company Law of Nigeria to orderly regulate business and economic affairs need not be overemphasized. The earliest known piece of company legislation of significance in Nigeria was the Company Act of 1912 which at first applied only to the colony of Lagos. It was later extended to the whole of the country. Plainly, students and practitioners will wish to know something of the ways in which the company law of tomorrow is likely to develop if the reforms which are now being planned or proposed receive the blessing of the present government. Thus it has been necessary to discuss some of the innovative changes being proposed in the anticipated Amendment to our Company Legislation. It became apparent that the entire Nigerian corporate landscape was heavily hamstrung by several provisions in the CAMA 2004 which have been described as impeding modern business practices in the light of national and global reforms. It has therefore been determined that the provisions of the current Act are not in tandem with global trends and that same requires extensive amendments to make the Act more contemporary and relevant. This commentary discusses/examines some of these amendments in context.
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Yekini, Abubakri. "Private international law in Nigeria." Journal of Legal Pluralism and Unofficial Law 53, no. 2 (May 4, 2021): 322–27. http://dx.doi.org/10.1080/07329113.2021.1937857.
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Oko, Okechukwu. "Contemporary Law Practice in Nigeria." Journal of African Law 38, no. 2 (1994): 104–24. http://dx.doi.org/10.1017/s0021855300005477.
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The legal profession occupies a strategic position in Nigerian society. In addition to performing the traditional function of protecting individual rights through litigation, lawyers actively involve themselves in the creation of legal institutions and concepts that promote development. Legal services profoundly affect and shape virtually all social, economic and political arrangements in the country. Nigerian society has become increasingly reliant on lawyers for its smooth functioning. The country anchors its hope for social and economic development on them.
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Benson Ohihon, Igboin. "‘THE PRESIDENT OF NIGERIA HAS NO FINAL SAY’: SHARIA LAW CONTROVERSIES AND IMPLICATIONS FOR NIGERIA." POLITICS AND RELIGION JOURNAL 8, no. 2 (December 1, 2014): 265–90. http://dx.doi.org/10.54561/prj0802265o.
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The unusual response of former President Olusegun Obasanjo (of Nigeria) to the adoption of shariah law in northern Nigeria that it “will soon fizzle out” was as intriguing and philosophical as the formal adoption of shariah law itself. This is against the backdrop of his antecedence in handling burning national matters. The critical issues bordered on whether the adoption of sharia was political or religious since it was through the parliament rather than the mosque. The paper examined the President’s responses against the prevalent political factors and showed that its implications have continued to reverberate in the Nigerian polity. The paper argued that a definite secular or multi-religious status (not a religious state) of the country should be articulated through the gristmill of thorough-bred intellectual and constitutional engagement.
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Ugwu, Ikechukwu P. "The Doctrine of Discovery and Rule of Capture: Re-Examining the Ownership and Management of Oil Rights of Nigeria’s Indigenous Peoples." Studia Iuridica Lublinensia 32, no. 3 (September 29, 2023): 253–77. http://dx.doi.org/10.17951/sil.2023.32.3.253-277.
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The aim of the article is to examine the theories that underpin the ownership and management of oil rights in Nigeria and the need for a new ownership model. The economy of Nigeria is majorly supported by revenues from natural resources, especially crude oil. With the downturn in the country’s economy, the Nigerian Federal Government recently embarked on a series of crude oil discoveries to increase revenue despite the unresolved violations of human rights of the indigenous peoples and environmental abuses committed during oil exploration in the Niger Delta region of the country. The Nigerian government finds justification for this uncontrolled exploration of natural resources in the doctrine of discovery and the rule of capture. The author argues that basing the right of the Nigerian Federal Government to explore natural resources on the two doctrines has negative implications on the rights of indigenous peoples in Nigeria and environmental protection, and is a continuation of the philosophies behind colonialism. Therefore, the article examines the doctrine of discovery, the rule of capture, the colonial philosophies of property rights, and the legal regime regarding ownership of natural resources in Nigeria. It suggests a hybrid ownership model where ownership is shared between indigenous groups and the government.