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1
Amaechi, Chidi M., and Obinna U. Muoh. "Constitution Building as a Panacea to Identity Conflicts in Africa: The Case of Nigeria." Mediterranean Journal of Social Sciences 8, no. 4 (July 27, 2017): 17–26. http://dx.doi.org/10.1515/mjss-2017-0002.
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Abstract Africa is rife with sectional discontents which metamorphose into protracted conflicts, civil wars, and terrorism. With forlorn hopes of survival in the system and without a say in the constitution building process, disgruntled groups easily cloak their political and socio-economic dissatisfaction with ethnicity, religious or similar identities in order to arouse group affection. At present, Nigeria is at the brink of disintegration as a result of this problem. The country has witnessed about six constitutional arrangements since independence. Yet, the clamour for a new constitution remains constant and, invariably, influenced the convening of the 2014 National Constitutional Conference in the country. Since constitution building provides a good opportunity for the citizens and groups to enshrine their wishes in the instrument of governance and thereby preventing the degeneration of grievances into conflict, questions have continued to arise. Does the constitution making process in Nigeria involve the people for whom the laws are meant for? Are the leaders mindful of the peace potentials of constitution building? This paper seeks to ascertain the extent to which the citizens were involved in the making of the previous constitutions in Nigeria. It projects the view that the failures of the past attempts and the prevalent identity conflicts in Nigeria are attributable to non-adherence to the basic principles of the indispensable people-oriented process of constitution building.
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Markovska, Anna, and Nya Adams. "Political corruption and money laundering: lessons from Nigeria." Journal of Money Laundering Control 18, no. 2 (May 5, 2015): 169–81. http://dx.doi.org/10.1108/jmlc-10-2014-0040.
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Purpose – This paper aims to discuss political corruption in Nigeria and to assess the limitation of the immunity clause of the Nigerian constitution. This is particularly important in light of the recent developments to criminalise money-laundering in the country. Design/methodology/approach – This paper evaluates the legal anti-money laundering framework in Nigeria, in particular, the impact of the immunity clause of Nigerian constitution. Findings – Endemic corruption of the political elite leads to the abuse of the constitutional immunity clause, and significantly impairs the activities of the anti-money laundering agencies. Research limitations/implications – This paper draws on the experience of Nigeria, and is specifically looking at one obstacle on the way to fight money laundering and corruption. It is important to conduct further comparative analysis. Originality/value – This paper discusses political, economic and legal developments in Nigeria to show how the immunity clause prevents the successful prosecution of corrupt Nigerian politicians, and discusses measures taken to prevent corruption in the country.
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Okonkwo, Theodore. "Environmental Constitutionalism in the United States and Nigeria: Recognizing Environmental Rights." International Journal of Social Science Studies 5, no. 7 (June 19, 2017): 66. http://dx.doi.org/10.11114/ijsss.v5i7.2497.
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Environmental constitutionalism is a scheme that protects the national and international environment by applying national and global constitutional law. By this, constitution-makers agree to include in their constitutions provisions aimed at environmental protection and sustainability, whereby procedural and substantive rights are written in the constitutions. The courts are in such jurisdictions called upon to enforce and protect such rights. This article addresses constitutionally embedded rights in the national constitutions of the United States of America and Nigeria. It analyzes constitutional environmental provisions in both how their judiciaries respond to such issues. This article looked at the problems associated with environmental constitutionalism in the United States and Nigeria and their connection with environmental rights. The aim is to take a holistic examination of the topic. The methodology adopted for the research is empirical. The primary and secondary sources of material selection were adopted through the use of the law libraries and the internet, books, journals and periodicals to gather information for this article. In conclusion, it was observed and recommended that no matter the similarities shared by the Untied States and Nigeria, the former has a more developed environmental jurisprudence on environmental protection by the courts. This is a truism, notwithstanding the fact that Nigeria’s constitution contains “state environmental duties”. The value of the research is that Nigeria should identify areas to be improved upon in its law and practice of environmental constitutionalism.
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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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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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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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Okon, Emmanuel E. "The Environmental Perspective in the 1999 Nigerian Constitution." Environmental Law Review 5, no. 4 (December 2003): 256–78. http://dx.doi.org/10.1177/146145290300500403.
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Environmental degradation is bound to increase as long as human population increases and new technologies are invented. In order to arrest the problems of environmental degradation, a number of approaches have been adopted. Among such approaches are the integration of environmental protection policies into development programmes, enactment of comprehensive legislation on all segments of environment and the inclusion of environmental provisions in the constitutions of most countries. Unfortunately, while some countries make their constitutional provisions on environment enforceable, others do not. In Nigeria, indirect environmental provisions were first made part of the constitution in the 1979 Constitution. In 1999, direct environmental provision was entrenched in the 1999 Constitution. Unfortunately, Chapter II of the 1999 Constitution, which contains the environmental provisions, is unenforceable. While the Nigerian courts have done nothing tangible to enforce the provisions of the constitution on environment, on the other hand, the Indian courts have taken positive steps to enforce provisions of the Indian Constitution on environment. In conclusion, apart from other suggestions made, it is strongly recommended that Nigerian courts should emulate the efforts made by Indian courts to enforce provisions of the Indian Constitution on environment. The world has moved far away from the era when it was believed that the only rights which a government is called upon to guarantee and protect are the natural rights of man. By living in nation-states and in organised communities, man has acquired new rights, which are now regarded by many civilised countries as just as inalienable as those rights with which nature endows him at birth. The right to education and work are among such rights. Increasingly important in some countries is the addition of the right to a decent and healthy environment to these newly acquired rights.1
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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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Faga, Hemen Philip, Francis Aloh, and Uchechukwu Uguru. "Is the Non-Justiciability of Economic and Socio-Cultural Rights in the Nigerian constitution Unassailable? Re-Examining Judicial Bypass from the Lens of South African and Indian Experiences." FIAT JUSTISIA:Jurnal Ilmu Hukum 14, no. 3 (May 15, 2020): 203. http://dx.doi.org/10.25041/fiatjustisia.v14no3.1801.
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The 1999 Constitution of the Federal Republic of Nigeria, as amended (CFRN) recognizes the entitlement of every Nigerian within its borders to enjoy economic and socio-cultural (ESC) rights under Fundamental Objectives and Directive Principles of State Policy. However, the constitution seemingly renders these ESC rights non-justiciable or unenforceable. This paper examines the efforts of the Nigerian judiciary to bypass the non-Justiciability provision to enforce ESC rights in Nigeria. It mainly investigates the role of judicial decisions in other similar jurisdictions such as South Africa and India in shaping the jurisprudence of the enforcement of ESC rights in Nigeria. Therefore, the paper adopts the comparative method and recommends that both the Nigerian legislature and the judiciary should follow the example of enforcement of ESC rights in these other jurisdictions.
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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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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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Garba, Ahmed Salisu. "Freedom of Religion and Its Regulation in Nigeria: Analysis of Preaching Board Laws in Some States of Northern Nigeria." Brill Research Perspectives in Law and Religion 1, no. 4 (January 24, 2018): 1–82. http://dx.doi.org/10.1163/24682993-12340004.
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AbstractThe re-enactment of religious preaching board laws to regulate religious preaching in some states of Northern Nigeria generated debates between Government on the one hand and religious/human rights groups on the other. This research examines the Preaching Board Laws of Kano, Borno and Kaduna States in Northern Nigeria through the prism of the Nigerian Constitution and other democratic norms that relate to the right to freedom of religion in all democratic orders. It applies argumentative methodology to raise and analyse the following questions: how reasonable and justifiable are these religious preaching board laws in a democratic Nigeria?; what gave rise to the enactment of these laws in the states under study?; what judicial review mechanism would be employed to determine their reasonableness and justifiability in a democracy?; how do they accord with the freedom of religion clause in the Constitution of the Federal Republic of Nigeria? The research establishes that some of the provisions of these laws are inconsistent with the provisions of the Nigerian Constitution and, by extension, international freedom of religion norms operating in all democratic orders. Second, Nigerian courts have not developed suitable balancing mechanisms for resolving conflicts between the right of the state to regulate and citizens’ right to freedom of religion otherwise called the two competing rights, in the light of which the research calls for the amendment of the laws to accord with the provisions of the Constitution and international freedom of religion norms acceptable in all democracies. The paper further recommends a harmonised proportionality test or judicial standard of review based on Nigeria’s religion-state relations and local experience for the use of courts, legislators and administrative agents coming face to face with this type of conflict in their official capacity.
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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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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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AFEGBUA,, Salami Issa, Kehinde Ohiole OSAKEDE,, and Barry Barisu NKOMAH. "STRUCTURAL CHALLENGES AND LOCAL GOVERNMENT ADMINISTRATION IN NIGERIA." LASU Journal of Employment Relations & Human Resource Management 1, no. 1 (December 1, 2018): 26–35. http://dx.doi.org/10.36108/ljerhrm/8102.01.0140.
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This paper examined the structural challenges and local government development in Nigeria. Local governments system in Nigeria, has taken different forms from one period to the other. There were series of reforms in the Nigerian local government system aimed at addressing the structural deficiency inherent in the third tier of government in Nigerian federation. Suffice it to say that, the development of local government in Nigeria is almost becoming an illusion as local governments faced with multifarious structural challenges which serve as impediments to its development. The study that relied on secondary data sources through a comprehensive review of relevant literature on the subject of discussion. The paper identified constitutional crises, undue political interference amongst others as major constraints to local government development in Nigeria. The paper submits that there is need to restructure the present local government system in Nigeria by going back to multi-tier local government in the 1950’s. Areas of contribution to its development were also identified and conclude that the Constitution of the Federal Republic of Nigeria should be amended to enable State Governments and the various State Houses of Assembly loosen their firm grip on the local governments in order to allow the local government authorities take initiative that will enhance its growth and development.
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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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Adetiba, Toyin Cotties. "Dynamics of Ethnic Politics in Nigeria: An Impediment to its Political System." Journal of Economics and Behavioral Studies 11, no. 2(J) (May 13, 2019): 132–44. http://dx.doi.org/10.22610/jebs.v11i2(j).2828.
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Without any form of prejudice, it is a fact that Nigeria is a multi-ethnic state with differences in its socio-political and economic development all of which have resulted in conflicts and counter conflicts. Ethnic politics in Nigeria’s political system have come to be a tragic and constant in Nigeria’s political system; where one must belong to the mainstream of ethnic politics for political relevance. It depicts attachments to the sub-national ethnic groups which threaten to undermine national integration and therefore divide the nation. Significantly, ethnicity in Nigeria was orchestrated by a long period of colonialism, a period which witnessed the ascendancy of the three major ethnic groups in Nigeria to the socio-political domination of other ethnic groups. It was a period when the three major ethnic groups were used by the colonialist as a pedestal for the distribution of socio-political and economic goods. Using a mixed method, this work argues that Nigeria’s political problem hinges on the negative consequences of ethnic politics. The paper concludes that if Nigeria’s political system must progress, it must be anchored on the need for the review of the constitutional and political structure of Nigeria to restore healthy political competition as opposed to the existing outdated political mechanism imposed on Nigeria by the military under the 1999 Constitution of the Federal Republic of Nigeria.
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Lawan, Mamman. "Abuse of powers of impeachment in Nigeria." Journal of Modern African Studies 48, no. 2 (May 19, 2010): 311–38. http://dx.doi.org/10.1017/s0022278x10000212.
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ABSTRACTThe powers of impeachment provided under the Nigerian constitution provide a means of checking the excesses of certain executive officers who enjoy the privilege of constitutional immunity against civil or criminal proceedings while they remain in office. Instead of being invoked in appropriate circumstances, however, this article shows that these powers have been abused. It examines cases of impeachment at the state level during the Obasanjo administration and shows how constitutional provisions were flagrantly breached. It provides evidence that the federal government was complicit in such cases, even though under the federal structure by which Nigeria operates, impeachment at the state level is exclusively a state business. It argues that the abuses are a symptom of imbalance of power between the executive and the legislature as well as evidence of the limits of constitutionalism in the face of politics.
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Oladiti, Abiodun Akeem. "The state, sectarian violence, and freedom of association in a secular context: the case of the Islamic Movement of Nigeria." Studia z Prawa Wyznaniowego 21 (December 18, 2018): 271–300. http://dx.doi.org/10.31743/spw.185.
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This paper examines the interrelationship between the State, freedom of association and sectarian violence among faith communities in Nigeria. It specifically discusses the role of the State in maintaining peace, and the government’s official response to sectarian violence among religious associations. In modern African states, sectarian violence has been prevalent and deadly among religious group movements. It is deployed as the most preferred means of attracting recognition, affirming feasibility and proclaiming existence among other religious associations in the State. This trend is associated with the Islamic Movement of Nigeria. It is against this background that this paper historicises sectarian violence, the myth and reality of religious freedom, the interrelationship between religious freedom, the State and secularism in Nigeria while discussing the constitutional provisions of religious freedom and religious associations in Nigeria. The paper concludes that religious freedom and freedom of association are integral features of the Nigerian Constitution and, therefore, all religious associations are permitted to live in peaceful coexistence.
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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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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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Shehu, Ajepe Taiwo. "Judicial Review And Judicial Supremacy: A Paradigm of Constitutionalism in Nigeria." International and Comparative Law Review 11, no. 1 (June 1, 2011): 45–75. http://dx.doi.org/10.1515/iclr-2016-0095.
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Abstract This paper examines judicial review and judicial power in Nigeria under the 1999 Constitution in relation to the constitution itself and in relation to the political branches of government. Th is is essentially to locate where lays supremacy between the branches and the judiciary particularly the Supreme Court with its final appellate jurisdiction. Judicial review and supremacy of the judiciary had been of recurring academic discuss in some jurisdictions with written Constitutions, particularly the United States from where Nigeria largely borrowed its presidential constitutionalism. This thus suggests that there is a need to examine the controversy within the context of Nigeria’s experience; is it really in the Constitution that creates branches of the government and that is proclaimed to be supreme over all authorities including the judiciary? Is it in the judiciary whose oversight function cuts across the political branches and whose interpretative decisions are binding on the constitution itself and the other branches? Is it in the executive that appoints and removes Justices of the court subject to confirmation by the Senate, or is it in the legislature? The paper argues that the overriding effect of the judicial power of the Supreme Court over all persons and authorities including the Constitution puts the judiciary in supreme position, that being the natural consequence of the power so vested in the judiciary by the “People Themselves.”
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Awofeso, Olu, and Kingsley Ogunne. "Politics of Local Government Administration and the Challenges of Primary Healthcare System in Nigeria." Advances in Social Sciences Research Journal 7, no. 9 (September 10, 2020): 96–108. http://dx.doi.org/10.14738/assrj.79.8799.
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The degree of decentralization among federalist countries differs and this invariably demonstrates the dynamics of federalism in practice. The idea of federal system of government demands that there should be constitutional division of powers among the different tiers of government. To this end, in Nigeria, the federal, state and local government have their powers embedded in the constitution. However, the Nigerian constitution created much incertitude which allows local government to merely operate based on the reserved rights, disposition, prescription and discretion of the higher tiers of government. These constitutional uncertainties have no doubt created intergovernmental challenges and conflicts on areas of; tax jurisdiction, revenue allocation, fund transfers, illegal removal of government officials, autonomy, and inconsistent local government elections among others. Beyond these plaints which have been expressed in copious literature, this study tries to take further steps in analyzing how Nigeria’s intergovernmental status has impeded the operation and performance of primary healthcare system, which has invariably brought about poor health outcomes in the country, as evident in her pitiable health indicators. This work therefore establishes a nexus between local government decision space and primary healthcare systems in the country.
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Amah, Emmanuel Ibiam. "Nigeria—The Search for Autochthonous Constitution." Beijing Law Review 08, no. 01 (2017): 141–58. http://dx.doi.org/10.4236/blr.2017.81008.
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Joshua, Ayobami Samson. "Boko Haram Terrorism and a Threat to Right to Education." Hasanuddin Law Review 6, no. 2 (September 4, 2020): 149. http://dx.doi.org/10.20956/halrev.v6i2.2019.
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The government shall direct its policy towards giving to the citizens equal and adequate educational opportunities at all levels. Although, not classified as a fundamental right, this constitutional prescription remains at the forefront of the basic objectives of the Nigerian government; yet, despite this laudable objective, the Northern region of Nigeria has a consistent record of low enrolment rate of indigenous pupils in schools, thereby creating a noticeable disparity between the North and South of Nigeria in terms of education. It is against this background that this paper discusses the evolution, incidences and enabling circumstances of Boko Haram terrorism in Nigeria and its effects on education, particularly in the areas affected. The purpose of this paper is to discuss the long term consequences of the Boko Haram terrorism on the right to education, as guaranteed by the 1999 constitution, in the affected areas of Nigeria. The paper traces the origin and factors that aided the Boko Haram terrorism. It also considers the extent of the effectiveness of the response of the Nigerian government in tackling the problem. The findings prove that, although the response of the government has been active, yet it has not been effective in curtailing the terrorist activities. This has negatively impacted on education in the affected areas of the Northern Nigeria. The paper suggested measures to address the problem.
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Nwafor, Anthony O. "Enforcing Fundamental Rights in Nigerian Courts – Processes and Challenges." African Journal of Legal Studies 3, no. 1 (2009): 1–11. http://dx.doi.org/10.1163/221097312x13397499736787.
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AbstractFundamental rights provisions have continued to feature very prominently in the successive constitutions of the Federal Republic of Nigeria. The enforcement procedure, however, remains identical to the one provided in 1979, in the Fundamental Rights (Enforcement Procedure) Rules. The parliament has remained aloof to these obvious realities of the procedural complications. Social, political and economic factors have continued to constitute the greatest hindrances to the citizens' desire to seek redress for the infringement of their rights. This article evaluates the provisions on fundamental rights in the Nigerian constitution, and considers the extent of enforceability under the rules and jurisdiction of courts as provided in the constitution. Alternative dispute resolution may be the panacea for the legal and economic hindrances on rights enforcement. Recommendations are accordingly made for the government to facilitate and encourage the citizens to have recourse to mediatory process in less difficult cases.
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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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Umeanolue, Ikenna L. "Religious influences on politics in Nigeria: Implications for national development." OGIRISI: a New Journal of African Studies 15, no. 1 (October 15, 2020): 139–57. http://dx.doi.org/10.4314/og.v15i1.9s.
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The phenomenon of religious politics in Nigerian is an obvious one. In political aspects such as style of governance, policy formulations and the electoral process in Nigeria, religion has been a strong determining factor. However, the influence of religion on politics in Nigeria could be both positive and negative. In other words, as religion enhances national development, so also it could be counterproductive. This paper critically discusses the influence of religion on Nigerian politics especially in the post-independence Nigeria, with emphasis on the implications for national development. This study recommends ways of ensuring the sustenance of the positive influence, as well as tackling the challenges of the negative influences. In practising politics in Nigeria, adherence to religious moral values and observance of Nigerian constitution which makes provision for freedom of religion are necessary for achieving national development. The paper concludes that if the recommendations are practically observed, religion will cease to be an agent of disunity and backwardness in Nigerian nation
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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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Akintola, Olusola E., and Akumka Joseph Yabayanze. "Settlers-Indigenes Question in Nigeria: Much Rhetoric, No Answers." European Scientific Journal, ESJ 13, no. 10 (April 30, 2017): 365. http://dx.doi.org/10.19044/esj.2017.v13n10p365.
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Nigeria operates a federal system of government whereby Nigerians can reside in any part of the country and enjoy the rights and privileges of being the citizens of the country. However, the experiences of the citizens across the states of the federation have proved that this ideal is not true in all instances. The authors, therefore, examined settlers-indigenes question in Nigeria placing the theoretical citizenship as contained in the 1999 Constitution (as amended) side-by-side with the reality of the country. Secondary source of data collection was adopted as our methodology. Through this method, explanatory and deductive analysis was made. The findings of the paper revealed that settlers-indigenes question is negatively affecting Nigerian federalism and the peaceful co-existence of citizens. It was, therefore, recommended that Section 147 of the 1999 Constitution (as amended) which encourages indigeneship should be expunged or amended as it reinforces division and heightens settlers-indigenes question in the country.
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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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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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Baba, Yahaya T. "Power Sharing and the Implications for Democratic Governance in Nigeria: The Case of National Assembly (1999–2011)." Mediterranean Journal of Social Sciences 8, no. 4 (July 27, 2017): 111–21. http://dx.doi.org/10.1515/mjss-2017-0010.
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AbstractGiven the diverse nature of the Nigerian society and the tension associated with political contestations, particularly elective positions at various levels of government, some power sharing frameworks evolved in both formal and informal contexts. The ‘Federal Character Principle’ for instance, which is a constitutional provision that requires the sharing of major political and bureaucratic positions among the diverse people of Nigeria is meant to ensure fair representation, equitable distribution of political incentives and sense of belonging. This principle is also internalized by the major political parties in Nigeria in their candidates′ selection procedures and indeed by the legislature in determination of candidates for legislative leadership positions. Thus using the National Assembly of Nigeria from 1999-2011, the paper examined the extent to which formal and informal power sharing arrangements affects democratic governance in the country. The paper relied on secondary sources of data, which include official documents such as the Constitution of the Federal Republic of Nigeria, constitutions of various political parties, newspaper and bulletins and some extant literature. Theoretically, Lijphart’s (1968; 1977; and 1990) consociational model of Proportional Representation (PR) provided the guide to understanding the power sharing arrangement in Nigeria’s democracy and particularly the informal arrangement within the National Assembly. This theoretical stance, though contradicts the broader theory of legislative institutionalization, is seen as an effective strategy for dousing tensions, curtailing upheavals and ensuring mutual trust among the diverse groups of Nigeria for democratic stability. The paper, however, argues that the informal power sharing arrangement in the Nigeria’s National Assembly undermines its autonomy, complexity and the principle of universal procedure of conducting legislative business. Essentially, the power sharing arrangement affects the stability of legislative leadership which is central to legislative autonomy and its institutionalization as well. The paper concluded that while the National Assembly in Nigeria is unlikely to institutionalize conventionally, the fragile nature of the informal arrangements of power sharing may also be a source of tension and conflict once it is obstructed.
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Guobadia, Osahon O. "The Relevance of the Judiciary in a Democratic Nigeria." African Journal of International and Comparative Law 20, no. 2 (June 2012): 301–17. http://dx.doi.org/10.3366/ajicl.2012.0035.
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A new constitutional democracy was established in Nigeria on 29 May 1999. This Fourth Republic was founded upon the Constitution of the Federal Republic of Nigeria 1999 (as amended) which unshackled the judiciary from the bondage of military decrees. This also brought excitement to the citizenry which finds expression in the belief that the judiciary, their last bastion of succour, is now poised to intervene in the inevitable tussle between might and the exercise of new democratic tenets. These tenets encompass the ideals of economic justice, political justice and social justice. 1 1 C. C. Nweze, ‘Judicial Sustainability of Constitutional Democracy in Nigeria: A Response to the Phonographic Theory of the Judicial Function’, in E. S. Nwauche and F. I. Asogwah (eds), Essays in Honour of Professor C. O. Okunkwo, (SAN) Jite Books (2000), p. 225. Against the backdrop of this reality, the article will examine the extent to which the judiciary in Nigeria has performed its constitutional role as an independent arm of government towards ensuring the observance of democratic values in a free, open, humane and civilised society.
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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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Imam, Ibrahim. "Shariah and Human Rights Perspectives on Interfaith Marriage: Challenges Impeding Its Practice in Nigeria." ICR Journal 7, no. 4 (October 15, 2016): 492–508. http://dx.doi.org/10.52282/icr.v7i4.231.
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Within the context of Nigeria, this paper investigates those principles of Shariah that regulate marriage, particularly interfaith union. This is with the goal of explicating certain limitations placed by Islam on the ability of Muslim women to marry non-Muslims. In particular, it is considered whether these limitations prejudice the right to freedom of religion guaranteed in the Nigerian Constitution. Ultimately, the paper establishes that marriage in Nigeria is usually solemnised in a manner reflective of the country’s diversity. This investigation is motivated by the recent controversy surrounding the right of Nigerian Muslim women to enter into interfaith relationships. The paper uses a library-based, doctrinal research method to argue that there are several challenges associated with interfaith marriage in Nigeria, all resulting from the multi-cultural, multi-religious and multi-ethnic makeup of the country. It is concluded that, though interfaith marriages exist in Nigeria, parties entering into such marriages must agree on some salient issues in order to sustain conjugal bliss.
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Ayinla, Lukman Alabi. "JURISPRUDENTIAL PERSPECTIVES ON THE FOUNTAIN OF NIGERIA LEGAL SYSTEM." Agora International Journal of Juridical Sciences 13, no. 2 (January 21, 2020): 15–24. http://dx.doi.org/10.15837/aijjs.v13i2.3796.
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The basis of the Nigerian legal system appears multi-faceted, the fact that the country had contact with colonialism and the intervening military rule as against a truly democratic arrangement bequeathed at the independence of the country are source of concern. The paper adopts the doctrinal research method to attempt a critique of perspectives of the actual basis of the Nigeria legal system. The paper looks at some relevant concepts, the fountain in term of the grundnorm, customary law together with brief historical facts, and characteristic nature of Nigeria legal system to interrogate some perspectives. The paper founds that the fountain of the legal system is more of being jurisprudential in nature and concludes that the basis of Nigerian legal system is multi-faceted but ultimately founded on the constitution.
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Osadolor, F. O. "Constitutional Grounds for Questioning Elections in Nigeria: An Overview." Journal of Politics and Law 12, no. 3 (August 30, 2019): 167. http://dx.doi.org/10.5539/jpl.v12n3p167.
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Periodic elections are major planks of democracy that has its attendant grievance procedure which ensures that the real consent of the governed is sort and obtained. The origination process in Nigeria is through election petitions, which is sui generis. The appropriate electoral statute and the constitution prescribe the grounds for questioning elections in Nigeria. The essence of this paper therefore is to resolve the apparent conflict as to where to predicate the grounds for questioning elections in Nigeria. Is it the Electoral Act, the Constitution or both in pursuit of electoral justice: Quo vadis?
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Nriezedi-Anejionu, Chinenyendo. "Could the Non-domestication of Nigerian Treaties Affect International Energy Investment Attraction into the Country?" African Journal of International and Comparative Law 28, no. 1 (February 2020): 122–44. http://dx.doi.org/10.3366/ajicl.2020.0305.
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In a bid to attract foreign direct investments (FDI) into the energy sector, Nigeria has signed many investment and energy-related treaties. However, many of these treaties have not been ratified and domesticated as required by the 1999 Nigerian Constitution and as such cannot be applied by domestic courts when necessary. This raises serious legal questions on the status of the various energy investment-relevant treaties Nigeria has signed. This is especially relevant to bilateral investment treaties (BITs) where their non-domestication renders their provisions not legally binding on domestic courts. It becomes problematic in situations where certain provisions in BITs such as the exhaustion of local remedies (ELR), fork-in-the-road (FITR), denial of justice and expropriation claims, require disputes to be addressed (at least initially) in domestic courts before international arbitration is accessed. This article provides an analysis of various ways non-domestication of treaties could affect the investment interests of a dualist country such as Nigeria that is actively seeking to attract FDI for the development of its energy sector. Pointing out the implications and various ways both investors' and Nigeria's interests could be undermined, it argues for a reform in the way treaties are implemented in Nigeria to facilitate their domestication.
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Awotokun, Kunle. "Local Governments and Synchronous Issues Since Nigeria’s Fourth Republic." International Journal of Social Sciences and Management 8, no. 2 (April 28, 2021): 341–47. http://dx.doi.org/10.3126/ijssm.v8i2.34583.
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The paper examines the contentious issues bewildering local government as a level of governance in Nigeria’s federal system of government against the backdrop of classical theory and practice of federalism.
The article relies heavily on secondary data to run its analysis. Such data includes textbooks, journals, newspapers, magazines, periodicals, the Nigerian 1979 and 1999 constitutions, etc.
The findings are that there are lots of contradictions (inconsistencies) in the running of the Nigerian federal system of government. The federal government is fond of always arm-twisting state governments especially in the area of creating new local governments which has, no doubt, led to frustration, reactions and counter-reactions between the two tiers of government.
The work concludes on the note that there is the need to have a holistic review of Nigeria’s 1999 Constitution, with the view to returning the country to a true federal system akin to the Nigerian constitutions of 1960 and 1963 with modifications to reflect contemporary issues. This is the path of wisdom to stem the tide of separatist agitations in Nigeria and perhaps in plural African countries.
Int. J. Soc. Sc. Manage. 8(2): 341-347.
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IGUH, IGUH, and AMAKA ADAORA. "A REVIEW OF SOME CONTENTIOUS ISSUES IN ELECTORAL MATTERS IN NIGERIA1." INTERNATIONAL JOURNAL OF COMPUTERS & TECHNOLOGY 15, no. 11 (October 20, 2016): 7213–17. http://dx.doi.org/10.24297/ijct.v15i11.4378.
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The laws that govern elections in Nigeria are the Constitution2and the Electoral Act.3The Constitution is the supreme and most important law of the country. Section 1 (3)4makes it clear that if any other law is inconsistent with the provisions of the constitution that other law shall be void to the extent of the inconsistency. The courts have also upheld that section in countless decisions5for this reason alone any law dealing with elections that contradicts the provisions of the Constitution will be of no effect. The Constitution also provides clearly that the Government of Nigeria or any part thereof shall not be governed or controlled by any person or group of persons except in accordance with the provisions of the Constitution.6In other words, no one can occupy elective offices at the local, state or federal level unless he or she has been elected in accordance with the provisions of the Constitution or any law made in accordance with the Constitution. Apart from the laws on election, electoral bodies are equally established to help in conducting election in Nigeria. There are various contentious issues in our electoral matters which have not been resolved by the legislators. Some which the legislators tried to resolve by enactment of laws, but which still have some aspects to be looked into. These issues are numerous but the writer will review some of them.
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Swan, G. S. "The Constitution of the Second Republic of Nigeria." Journal of Asian and African Studies 20, no. 1-2 (January 1, 1985): 42–55. http://dx.doi.org/10.1177/002190968502000104.
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Awotokun, Kunle. "Local Government Administration Under 1999 Constitution in Nigeria." Journal of Social Sciences 10, no. 2 (March 2005): 129–34. http://dx.doi.org/10.1080/09718923.2005.11892469.
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Anele, Kalu Kingsley. "Human Rights Class Action against Corporations in Nigeria." European Journal of Comparative Law and Governance 6, no. 3 (October 3, 2019): 273–327. http://dx.doi.org/10.1163/22134514-00603001.
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Though Nigeria is inundated with human rights abuses, there is no procedure that could effectively accommodate a large number of victims in one litigation beside class action. Class litigation is limited in scope in Nigeria; hence, it cannot be applied in human rights cases. This has culminated in a culture of impunity by corporations in the country. This paper uses the class action legal regime in the United States to argue that the statutory introduction of a general class litigation regime will adequately address human rights violations in Nigeria. The author submits that beyond the legislative introduction of a general class action legal framework in Nigeria; judges should exercise their wide discretion as envisaged by the Nigerian constitution in civil matters to adjudicate human rights class litigations. Also, there is need to enlighten Nigerians of their human rights and an efficient procedure to address their violations: class action procedure.
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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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Wingate, Emmanuel Onyedi, and Pontian N. Okoli. "Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria." Journal of African Law 65, no. 2 (April 5, 2021): 223–43. http://dx.doi.org/10.1017/s0021855321000103.
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AbstractParties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are also uncertainties regarding the intervention jurisdiction of Nigeria's National Industrial Court to appoint arbitrators. Currently, no other court can exercise intervention jurisdiction in employment disputes. This article analyses recent decisions of the National Industrial Court and argues that this Court can only intervene to appoint arbitrators where both parties request the appointment in a pending action before the Court. It is also argued that decisions concerning the appointment of arbitrators through judicial intervention can be appealed.
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Alloh, Bo. "An Evaluation of the Enforcement of Fundamental Rights and the Controversy of Jurisdiction of the Federal and State High Courts in Nigeria." Africa Journal of Comparative Constitutional Law 2020 (2020): 59–78. http://dx.doi.org/10.47348/ajcl/2020/a3.
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This article examines the issue of jurisdiction between various high courts on the enforcement of fundamental rights in Nigeria. Fundamental rights are derived from the constitution and are expressly entrenched in the constitution of a country. They vary from one country to another and are specifically enacted in a country’s constitution in line with the history and culture of the country. In Nigeria, jurisdiction is vested in both State and Federal High Courts with respect to the enforcement of fundamental rights. However, the jurisdiction of the State High Courts is ousted and donated to the Federal High Courts, once a case on fundamental rights falls under section 251 of the 1999 Constitution of the Federal Republic of Nigeria. The researcher adopted the doctrinal method of research. The objective of this article is to reveal that the concurrent jurisdiction of both the Federal and State High Courts to hear and determine applications to secure the enforcement of fundamental rights has led to years of seemingly unsettled controversies, academically and procedurally. However, this controversy has been settled in the case of FUT Minna v Olutayo. This article concludes that the Supreme Court decision in the case of FUT Minna v Olutayo supports the realisation of the enforcement of fundamental rights in Nigeria.
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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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Oluwapelumi Odunayo Osadola and Phebe Oluwatoni Ojo. "Use of Executive Orders in Nigeria by the Executive Branch of Government in Time of Emergency." Britain International of Humanities and Social Sciences (BIoHS) Journal 2, no. 3 (October 16, 2020): 669–78. http://dx.doi.org/10.33258/biohs.v2i3.317.
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Executive Orders are not invoked as a matter of course by the President or Governors heading the Executive Cabinet. These orders are exercisable when heads of the executive branch of government see for their needfulness and for smooth running of their governmental programmes or policies. Every Executive order must carry the force of law for it to be valid or to be duly recognised by the other branches of government which if not, the latter may question its constitutionality. The advantages of executive orders are very innumerable to mention however it has been said that the use of executive orders have assaulted the concept of separation of powers which is embedded in the 1999 Nigerian Constitution (as amended)as adopted from the United States of America. This paper focuses on the meaning and historical antecedent of executive orders in Nigeria, legal regime or statutory provisions of executive orders in Nigeria, executive orders versus doctrine of separation of power, challenges of executive orders under the 1999 constitution (as amended), praxis of executive orders under the Nigeria fourth republic and lastly is the conclusion and recommendations made thereto. To achieve these, the writers will make use of relevant materials at their disposal.
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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.