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1
Falase-Aluko, Abiola. "New Developments in the Admiralty Jurisdiction of the Federal High Court in Nigeria." Journal of African Law 39, no. 1 (1995): 64–78. http://dx.doi.org/10.1017/s002185530000588x.
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Over 20 years ago, the Federal High Court was created. It is today the only Court with jurisdiction in matters relating to admiralty in Nigeria. This has, however, not been without some teething problems. Disputes arose over what matters fell within the admiralty jurisdiction of the courts and also as to which courts had admiralty jurisdiction. The recent Admiralty Jurisdiction Decree of 1991 addresses these issues by providing a comprehensive local code in line with the International Convention Relating to the Arrest of Sea-going Ships, 1952. This article traces the development of the admiralty jurisdiction of the Federal High Court and examines the scope of its jurisdiction today.
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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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Essien, Enefiok. "The jurisdiction of State High Courts in Nigeria." Journal of African Law 44, no. 2 (2000): 264–71. http://dx.doi.org/10.1017/s0021855300012249.
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The jurisdiction of State High Courts in Nigeria is to be found in section 236(1) of the 1979 Constitution of the Federal Republic of Nigeria. The section provides:“236(1). Subject to the provisions of this constitution and in addition to such other jurisdiction as may be conferred upon it by law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue or to hear and determine any criminal proceedings involving or relating ot any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.”
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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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Okorie, Chijioke. "Nigeria’s Federal High Court relies on physical evidence and shipping documents to invalidate registered designs." Journal of Intellectual Property Law & Practice 15, no. 11 (October 28, 2020): 860–62. http://dx.doi.org/10.1093/jiplp/jpaa155.
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Anyebe, Peter Ademu. "Tax Disputes Resolution In Nigeria: Going Beyound The Traditional Court And Administrative Resolution System." Advances in Social Sciences Research Journal 6, no. 12 (January 2, 2020): 236–52. http://dx.doi.org/10.14738/assrj.612.7574.
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It is the requirement of law that tax is paid. Therefore, the discharge of tax obligation in Nigeria is not by choice. In the process of the tax authorities who are authorized under the law to collect taxes from tax payers, disputes arise. The paper reveals that in its bid to lessen the incidents of tax evasion in Nigeria, the Federal Government carried out a major reform in its tax regime. Thus, the Tax Appeal Tribunal (TAT) was established to ensure fairness and transparency of the tax system through a quick and efficient method of dispensing justice. Appeal from there lies to the Federal High Court on point of law. However, there is the unresolved problem of the constitutionality of TAT in its powers and jurisdiction in resolving tax disputes with Federal High Court (FHC). Furthermore, the paper reveals that tax disputes are not arbitrable under Nigerian law. It is the argument of this paper that although the courts are recognized as the most visible dispute arbiter, it is not always the most effective or efficient method. Therefore, it is further the argument of this paper that Nigeria’s tax objection procedures as governed by statutory rules should incorporate Alternative Dispute Resolution mechanism as practiced in other jurisdictions. The paper recommends that the necessary amendments should be made to enable TAT and FHC at their levels to encourage the use of early dispute resolution (EDR) and alternative dispute resolution (ADR), particularly mediation in the settlement of tax disputes brought before them. The introduction of VAIDS (Voluntary Assets and Income Declaration Scheme) by the Federal Government of Nigeria is in line with global best practices on non-disclosure of informal and declaration of assets. The paper concludes among others that Nigeria, as a country cannot operate in isolation, hence the introduction of ADR in its tax dispute resolution processes should be imminent and mandatory.
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Felix, Odike, and Alero Akujobi. "Enforcement of Fundamental Rights in National Constitutions: Resolving the Conflict of Jurisdiction between the Federal High Court and State High Court in Nigeria." Beijing Law Review 09, no. 01 (2018): 53–66. http://dx.doi.org/10.4236/blr.2018.91004.
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Yakubu, Sirajo. "Ude Jones Udeogu v FRN & Ors no SC. 622C/2019: its implication on fighting financial crime and the way forward." Journal of Financial Crime 28, no. 1 (February 15, 2021): 18–25. http://dx.doi.org/10.1108/jfc-05-2020-0087.
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Purpose The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones Udeogu v FRN and Ors no SC. 622C/2019. Design/methodology/approach This paper is a critical analysis of the implication of Supreme Courts’ ruling in Ude Udeogu Jones, its implication to law enforcement’s effort in fighting financial crime and the way to get around the ruling. The paper adopts qualitative methods. It is conducted through the analysis of the ruling and the relevant laws. Findings Due to the ruling in UdeUdeogu Jones, Section 396(7) of the Administration of Criminal Justice Act 2015 is no longer good law. Federal High Court judges elevated to the Court of Appeal no longer have special dispensation to conclude criminal cases they part heard. Furthermore, the ruling is a serious setback on the law enforcement’s efforts in fighting corruption. However, the drastic effect of the ruling can be mitigated by amending Section 396(7). Research limitations/implications Because the ruling is very recent, analysis is based on the relevant enactments and case laws including recent decisions of the Court of Appeal and the Supreme Court. Originality/value There is no comprehensive work on this ruling. Therefore, this paper adds value to knowledge as it makes clear the background of the appeal case, as well as the impact of the ruling of the Supreme Court on fighting financial crime in Nigeria and the way to get around the ruling.
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Esoimeme, Ehi Eric. "The Nigerian Money Laundering (Prevention and Prohibition) Bill, 2016: a critical appraisal." Journal of Money Laundering Control 20, no. 1 (January 3, 2017): 79–88. http://dx.doi.org/10.1108/jmlc-07-2016-0025.
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Purpose This paper aims to critically examine the Money Laundering (Prevention and Prohibition) Bill, 2016. It also aims to determine the level of effectiveness of the preventive measures in the Bill. Design/methodology/approach The appraisal took the form of a desk study, which analyzed various documents and reports such as the Financial Action Task Force Recommendations 2012, Mutual Evaluation Reports conducted by the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA) on Nigeria, the judgment delivered by Justice Gabriel Kolawole of the Federal High Court Abuja and the United Kingdom’s national risk assessment of money laundering and terrorist financing. Findings This paper determined that the Bill could achieve its core objectives if the following recommendations are implemented: section 15 of the Bill should be modified to include the definition of “Arrangement”; lawyers should be allowed to send their Suspicious Transaction Report to the Nigerian Bar Association, provided that there are appropriate forms of cooperation between the NBA and the Financial Intelligence Unit, and this approach is in line with the Financial Action Task Force Recommendations; the Bill should expressly prohibit retaliation by employers against whistleblowers and provide them with a private cause of action in the event that they are discharged or discriminated against by their employers, and this approach is being adopted by the US Dodd–Frank Act; a request for customer information, by the Director-General of the Nigeria Financial Intelligence Centre, should be made pursuant to an order of the Federal High Court obtained upon an ex-parte application supported by a sworn declaration by an authorized officer of the Centre, justifying the request for customer information. Originality/value This paper offers a critical appraisal of the Money Laundering (Prevention and Prohibition) Bill, 2016. The paper will identify the strengths and weaknesses of the Bill. This is the only paper to adopt this kind of approach.
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Ladan, Abubakar. "Management and Utilisation of Judicial Records in Federal High Courts in Northwestern States of Nigeria." Procedia - Social and Behavioral Sciences 147 (August 2014): 32–38. http://dx.doi.org/10.1016/j.sbspro.2014.07.096.
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Nwauche, ES. "The Dubious Distinction between Principal and Accessory Claims in Nigerian Human Rights Jurisprudence." Journal of African Law 52, no. 1 (March 20, 2008): 66–88. http://dx.doi.org/10.1017/s002185530800003x.
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AbstractWhat began as an exercise in defining the jurisdiction of the Nigerian Federal High Court over fundamental human rights has now turned into a well established principle that Nigerian courts will not entertain an action for the enforcement of a fundamental human right contained in chapter IV of the 1999 constitution through the Fundamental Human Rights (Enforcement Procedure) Rules unless it is the principal claim. In other words, if the action for the enforcement of a fundamental human right is an accessory or subsidiary claim, the action must be started by a writ of summons. This article demonstrates that this distinction is dubious, irrelevant and impossible to make, and leads to a miscarriage of justice.
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Ahiauzu, Ndidi, and Teingo Inko-Tariah. "Applicability of anti-money laundering laws to legal practitioners in Nigeria." Journal of Money Laundering Control 19, no. 4 (October 3, 2016): 329–36. http://dx.doi.org/10.1108/jmlc-09-2015-0038.
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Purpose The purpose of this paper is to review the recent judgement of the Federal High Court exempting Nigerian lawyers from anti-money laundering (AML) obligations and to proffer suggestions as to ways of complying with international standards. Design/methodology/approach An analysis of the case and judgement was undertaken and a commentary on the effect of the obligations on lawyers was given. As a result of the analysis, suggestions were made to satisfy regulatory requirements while recognising the sanctity of the legal profession and the professional responsibilities members owe to their clients. Findings AML obligations are tasking and may impact negatively on rights of both lawyers and of their clients. However, with some measures taken by both regulators and lawyers, loopholes can be comfortably covered without leaving the legal sector exposed to criminal intents. Research limitations/implications There has not been any appeal on the case, and therefore the paper may not be conclusive. Practical implications Very relevant recommendations were made and, if taken up, may provide a meeting point for both parties and achieve the key purpose of detecting and/or preventing money laundering. Originality/value This is the first academic paper to analyse the current case and to provide relevant suggestions on the matter.
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Anigilaje, Emmanuel Ademola, and Ayodotun Olutola. "Prevalence and Clinical and Immunoviralogical Profile of Human Immunodeficiency Virus-Hepatitis B Coinfection among Children in an Antiretroviral Therapy Programme in Benue State, Nigeria." ISRN Pediatrics 2013 (April 3, 2013): 1–7. http://dx.doi.org/10.1155/2013/932697.
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Background. Nigeria has the world largest burden of paediatric HIV and is also highly endemic for Hepatitis B virus (HBV). However, relatively little is known regarding the prevalence of HBV-HIV coinfections among Nigerian children. Methods. A retrospective study among treatment naive HIV-infected children attending the pediatric clinic of the APIN Plus/Harvard PEPFAR program of the Federal Medical Centre, Makurdi, between June 2008 and June 2012. Results. The mean age of the 395 subjects studied was 7.53±4.23 years. Thirty-one subjects (7.8%) were positive for HBV. No subject was HIV-HBV-HCV triply infected. Significantly higher HIV-HBC coinfections were found, in older subjects (11–15 years), subjects that did not receive nor complete Hepatitis B vaccinations, and subjects that had a severe immunosuppression of < 15% with respective P values of 0.00, 0.01, and 0.00. HIV-HBV co-infection did not significantly impact on other baseline characteristics including, gender, WHO clinical stage, median absolute CD4 count, mean viral load, median ALT, and hepatotoxicity. Conclusion. A high seroprevalence of HBV among this cohort of HIV-infected children contributes to the calls for pre-ART screening for HBV and the necessary paradigm shift in the ART nucleoside backbone to include agent(s) more dually effective against HIV and HBV.
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Yaru, S. S. "POLLUTION OF VEHICULAR EMISSION ANALYSIS AT FEDERAL UNIVERSITY OF TECHNOLOGY AKURE NORTH GATE." FUTA JOURNAL OF ENGINEERING AND ENGINEERING TECHNOLOGY 15, no. 1 (April 6, 2021): 29–37. http://dx.doi.org/10.51459/futajeet.2021.15.1.216.
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The paper dwells on the atmospheric pollution resulting from the vehicular exhaust discharge at the north gate of the Federal University of Technology, Akure (FUTA), Nigeria. The vehicular traffic census took place at gate on the Ilesha-Akure high way passing in front of the gate for six days. The census was conducted using a digital tally and a stop watch for nine hours at thirty minutes interval daily. The tally was pressed to count each time a vehicle passed both to and from either direction along the road at a chosen point in front of the University north gate. A daily vehicular count was obtained from the ratio of total vehicles to the total time interval of nine hours. Thereafter the average vehicular exhaust discharge, pollution source strength and pollution concentration were determined. At the same time, a data logger was used to measure the meteorological elements of the temperature, the wind speed and the relative humidity of the weather daily. The relationship between the pollution source strength and concentration with the meteorological parameters obtained with data logger, speed and distance covered by vehicles were also determined. The average daily vehicle populations within the time interval being considered were respectively 8280, 8306, 7315, 7210, 8766 and 8491 for the six days in succession. The meteorological data analysis showed that the air relative humidity and wind speed increased with decrease in temperature especially when it rained. The source strength and concentration of pollution decreased with increase in the speed of vehicles and the distance moved indicating that pollutants dispersed faster into the air in the process.
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the national judicial council of Nigeria." Journal of Money Laundering Control 21, no. 3 (July 2, 2018): 253–63. http://dx.doi.org/10.1108/jmlc-01-2017-0001.
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Purpose This paper aims to examine the new anti-corruption policy of the National Judicial Council of Nigeria to determine the level of effectiveness of its preventive measures and to provide recommendations on how the policy could be strengthened. Design/methodology/approach This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research. Findings This paper determined that the anti-corruption policy of the National Judicial Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: The Central Bank of Nigeria should permanently discontinue production of large denomination bank notes like the 1,000 naira notes and the 500 naira note. This policy will make it more difficult for corrupt judicial officers to smuggle significant amounts of cash out of Nigeria. The Constitution of the Federal Republic of Nigeria should be amended to allow ordinary citizens to participate in the criminal justice system. The jury system will speed up corruption trials, reduce bias, corrupt inducement of judges and enhance administration of justice in Nigeria. Statutes and civil procedure rules should require lawyers to certify “after reasonable enquiry” that motions have not been interposed for delay. As most courts experience high rates of adjournment because of medical illness, the adjournment policy of the National Judicial Council of Nigeria should be amended to require a doctors’ certificate and, if necessary, require the doctor to appear, with costs met by the lawyer. The National Judicial Council of Nigeria should be constitutionally mandated to provide the Attorney General of the Federation with a copy of any petition filed against a judicial officer by a member of the public. Research limitations/implications This paper focuses on the new anti-corruption policy of the National Judicial Council of Nigeria. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the National Judicial Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Atiribom, R. Y., O. P. Abioye, S. Y. Daniyan, R. O. Ojutiku, H. S. Auta, and M. M. Mu’azu. "Bacteriological and heavy metal status of water and fish samples from Jebba Lake – Nigeria." Tropical Freshwater Biology 29, no. 1 (August 21, 2020): 85–97. http://dx.doi.org/10.4314/tfb.v29i1.6.
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Quantitative and qualitative analysis of bacterial isolates in water and fish samples (Oreochromis niloticus and Clarias gariepinus) from Jebba Lake were carried out using primary isolation media and microbact identification kits. The concentration of heavy metals, Lead (Pb), Copper (Cu), Cadmium (Cd), Chromium (Cr) and Arsenic (As) were determined using Atomic Absorption Spectrophotometer (AAS). Samples were collected from five (5) different stations. Station Jl.1 and Jl.2 are located at the upper course of the lake and were characterized by high human activities (washing, bathing, mining and animal husbandry operations) especially in sample station Jl.2. Sample station Jl.3 has low human activities, however it has a tributary with high mining activities. Station Jl.4 has high domestic washings but low animal husbandry operation and low mining activities. Station Jl.5 has low domestic washings, low animal husbandry operation and low mining activities. Mean faecal coliform count of sample station Jl.1 (580.83 CFU/100ml) and station Jl.2 (700.83 CFU/100ml) were above maximum permissible limit for Federal Environmental Protection Agency (FEPA). Faecal coliform count of sample stations Jl.3, Jl.4 and Jl.5 were below maximum permissible limit. Maximum faecal coliform count during the wet season was 1600.00 CFU/100ml, while the maximum count during the dry season was 920.00 CFU/100ml. Bacterial species such as Aeromonas caviae, Aeromonas hydrophila, Pseudomonas fluorescens – 25, Escherichia coli, Moraxella species, Mannheimia (pasturella) haemolytica, Pseudomonas aeruginosa, Pseudomonas fluorescens – 35, Escherichia hermannii were found in water samples and species such as Vibrio alginolyticus, Moraxella species, Escherichia hermannii, Vibrio parahaemolyticus, Aeromonas hydrophila were isolated from fish intestines and gills. Concentration of Cu, Cr and As in water was observed to be within permissible limit but the concentration of Pb and Cd were above tolerable limit. In fish organs, the concentration of heavy metals were within permissible limit except that of Pb and As in Oreochromis niloticus fish intestines (ONFI) (0.38±0.00 and 0.03±0.00 respectively) and Clarias gariepinus fish intestines (CGFI) (0.40±0.00 and 0.03±0.01 respectively) which were above maximum permissible limit by standard organizations.
Key words: Jebba Lake, water, fish, Oreochromis niloticus, Clarias gariepinus, bacteria, heavy metals
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Audu, Yohanna, Yohanna Audu, Mohammed Sani Sambo, Samaila James, and Caleb Yakubu Maina. "Bacteriological Assessment of Fast Foods Sold at Gidan-Kwanu and Bosso Campuses of Federal University of Technology, Minna, Nigeria." Bacterial Empire 2, no. 1 (March 5, 2019): 30. http://dx.doi.org/10.36547/be.2019.2.1.30-32.
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The bacteriological quality of snacks (meat pie and egg row) collected from different vendors at two different sells points each at Gidan-Kwanu and Bosso campuses of Federal University of Technology Minna was carried out in order to ascertain their safety. A total of fourty (40) snacks were screened using standard pour plate method while gram staining and biochemical test were carried out for the identification of various isolates. The samples had varying degree of bacterial contamination ranging from 2.0 x 102 - 1.4 x 103 cfu/g. The bacteria isolates found included Bacillus subtilis 29 (34.12%) in meat pie and 11 (22.45%) in egg roll; Staphylococcus aureus 16 (18.82%) in meat pie and 11 (22.45%) in egg roll; Klebsiella 19 (22.35%) in meat pie and 11 (22.45%) in egg roll; Escherichia coli 17 (20.00%) in meat pie and 13 (26.53%) in egg roll; Pseudomonas aeruginosa 4 (4.71%) in meat pie and 2 (4.08%) in egg roll and Proteus 1 (2.04%) in egg row and no growth of proteus was recorded in meat pie. The high bacteria count and diversity of bacteria isolate from the food samples screened is of public health concern. The study underscores the need for intervention from bodies charged with the responsibility of maintaining public health to prevent potential out brake of disease among consumers of these food products.
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Eze, Innocent O., Chijioke Okeudo, Bamidele U. Ezem, Clara U. Ukoh, Emily A. Nzeribe, Uchenna Nwagha, Tobechi Njoku, Onyeka Uzoma, and Onyebuchi A. Duke. "The prevalence and determinants of female serodiscordance among HIV positive pregnant women attending PMTCT clinic in Owerri, Imo state, Nigeria." International Journal of Reproduction, Contraception, Obstetrics and Gynecology 8, no. 1 (December 26, 2018): 115. http://dx.doi.org/10.18203/2320-1770.ijrcog20185405.
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Background: Human Immunodeficiency Virus sero-discordance is high among heterosexual couples in Africa. However, only few studies have explored the factors that are associated with the prevalence in sub-Saharan Africa. The aim of this study was to determine the prevalence of female sero-discordance among HIV positive pregnant women in Owerri and to assess its possible associated factors.Methods: A cross sectional study of pregnant women (and their partners) who tested positive to HIV I and II at the Prevention of Mother to Child Transmission (PMTCT) clinic from December 2015 to May 2016 in Federal Medical Center Owerri, Imo state, Nigeria.Results: A total of 106 HIV positive pregnant women (and their partners) were studied. The prevalence of female serodiscordance was 63.2% (67/106). Pre-marital serodiscordance contributed about 52.2% (35/67) female serodiscordance among couples in the study. Sero-discordance rate for the lower, middle, and upper classes were 50% (28/56), 76.1% (35/46) and 100% (4/4) respectively and was statistically significant (p<0.01). Condom use was significantly associated with female serodiscondance (P<0.01). CD4+ count of the female partner at booking was also found statistically significantly associated with female serodiscordance (P<0.01).Conclusions: There is high prevalence of female serodiscordance among HIV positive pregnant women in Owerri. Pre-marital serodiscordance contributed significantly to high level of female serodiscordance among couples. Higher social class, condom use and high female- partner CD4+ count are significantly associated with female sero-discordance.
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Paul I Emeje, Chinedum C Onyenekwe, Nkiruka R. Ukibe, Joseph E. Ahaneku, Ofia A. Kalu, Nosakhare O. Osakue, Uchenna M. Ezugwu, and Ezinne G. Ukibe. "Use of plasma albumin, hepatic lipase and lipoprotein lipase enzyme as predictive markers of treatment failure in HIV-1 infected individuals in federal medical center, Lokoja, Nigeria." International Journal of Research in Pharmaceutical Sciences 11, SPL4 (December 21, 2020): 3137–49. http://dx.doi.org/10.26452/ijrps.v11ispl4.4654.
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This was a cross-sectional study aimed to evaluate the use of albumin, hepatic lipase (HL) and lipoprotein lipase (LPL) enzyme as predictive markers of treatment failure in HIV-1 infected individuals. 154 participants {40 (group A), 35 (group B) on antiretroviral drugs (Test group) and 79 (group C) HIV naive participants (Control group)} aged 18 and 65 years were randomly recruited. Blood sample was collected from each test participant 6 months apart and once from control for determination of Albumin, HL, LPL, viral load (VL), CD4+ cells count. VL was significantly decreased while, Albumin, HL and LPL activities were significantly higher in test participants when compared with control P ≤ 0.05 respectively). Biochemical markers in test participants at 6 months of therapy were significantly lower compared with 12 months of therapy (P ≤ 0.05). Albumin and VL correlated positively with CD4 count while, lamivudine, nevirapine, tenofovir, HL, LPL correlated strongly and negatively with VL (P < 0.05 respectively). The high sensitivities and positive predictive value of albumin showed their predictive superiority over CD4+ count, HL, LPL and antiretroviral drug concentrations.The study thus, concludes that hypoalbuminemia with decreased HL and LPL activities were associated with unsuppressed viral load above 1000 copies/ml. This suggests that albumin; HL and LPL are good biochemical markers for prediction of treatment failure or success in participants on antiretroviral drugs.
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Obiano, Doris Obinyere, Emeka Ogueri, Ngozi Chima-James, Peter O. Moneke, and Irene Ijeoma Bernard. "Availability and Use of Library Resources in the Rehabilitation of Inmates in Correctional Centers in Imo and Abia States, Nigeria." Information Impact: Journal of Information and Knowledge Management 11, no. 2 (August 25, 2020): 51–61. http://dx.doi.org/10.4314/iijikm.v11i2.5.
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The study examined the availability and use of library resources in the rehabilitation of inmates in correctional centers in Imo and Abia states,Nigeria. The study adopted a survey research design using three research questions and three hypotheses. The population of the study comprised 3,854 prisoners from the five prisons in Imo and Abia States, Nigeria. The sample size used was 713 prisoners. Purposive and proportionate random sampling techniques were used. Instruments for the study included: a checklist and a rating scale namely: Availability of Library Resources Checklist (ALRC) and Extent of Use of Library Resources Scale (EULRS). The instruments were validated and found reliable with index of 0.88 for EULRS using Cronbach Alpha Statistic. The research questions were answered using frequency count, proportion, mean and standard deviation while the hypotheses were tested using t-test. The findings were that Owerri and Umuahia correctional centers only have two librarians each in their respective libraries. This implies that the librarians in prison libraries are not adequate. It was also revealed that a good number of resources like fiction books, textbooks, magazines, chairs and lightings were available but some materials like newspapers, newspaper racks, audio cassettes, video tapes, DVD, library software were not found at all but the ones found were utilized to a high extent. Based on these findings, the study recommended among others that the Federal Government should employ more librarians to the correctional services centers in Imo and Abia states so as to reduce job stress and bring information closer to the inmates.
Keywords: Library Resources, Inmates, Correctional Centers, Rehabilitation
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Suberu, Rotimi T. "The Supreme Court and federalism in Nigeria." Journal of Modern African Studies 46, no. 3 (August 18, 2008): 451–85. http://dx.doi.org/10.1017/s0022278x08003376.
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ABSTRACTSince Nigeria's transition from military to civilian rule in 1999, the country's Supreme Court has risen from a position of relative political obscurity and institutional vulnerability into a prominent and independent adjudicator of inter-governmental disputes in this chronically conflicted federation. Examined here is the Court's arbitration, during President Olusegun Obasanjo's two civilian constitutional terms (1999–2007), of fifteen different federal-state litigations over offshore oil resources, revenue allocation, local governance and public order. The Court's federalism decisions were remarkably independent and reasonably balanced, upholding the constitutional supremacy of the Federal Government in several findings, tilting towards the states in some declarations, and simultaneously underwriting federal authority and state autonomy in other rulings. Despite the Court's important and independent role, however, the Nigerian federation was vexed by violent conflicts, underscoring the structural, political and constitutional constraints on judicial federalism in this notoriously complex and divided country.
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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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Spaull, Andrew. "The State School Teachers Decision (High Court 1929) Revisited." Australian Journal of Education 31, no. 3 (November 1987): 236–51. http://dx.doi.org/10.1177/000494418703100302.
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The State School Teachers decision of 1929 was recently overturned in the High Court (June 1986) thereby opening up the possibility for federal teachers organizations to obtain registration in the federal arbitration system, and eventually obtain one or more federal awards. The 1929 decision by the High Court of Australia was a significant decision in education and industrial relations, because it prevented state teachers and other public employees obtaining access to federal awards for the next 54 years. The decision, however, was veiled in unsettled legal argument, because the High Court overturned much of its expansive thinking of the 1918–25 period. Later generations of academic lawyers described the decision as a ‘bad one’ or ‘an anomalous decision’, but they and the current High Court failed to give any satisfactory explanation of why the Court had reached its decision. This paper offers such an explanation, arguing that the decision was not based on law (or the educational situation) but on the High Court's perceptions of the politics of federal-state relations in the period. The state teachers who had asked for a High Court ruling on the application of the Commonwealth's industrial relations powers (section 51 XXXV of the Constitution) to their work and employment were thus dragged momentarily onto the centre stage of Australian politics and law. They found themselves denied access to a federal award because the High Court felt that the federal arbitration ‘experiment’ had caused too much embarrassment to the federal system of government.
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Antunes, Nuno Sérgio Marques. "The Pending Maritime Delimitation in the Cameroon v Nigeria Case: A Piece in the Jigsaw Puzzle of the Gulf of Guinea." International Journal of Marine and Coastal Law 15, no. 2 (2000): 163–92. http://dx.doi.org/10.1163/157180800x00073.
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AbstractOn 29 March 1994, Cameroon seized the International Court of Justice of a dispute against Nigeria. Inter alia, Cameroon requested the Court "to proceed to prolong the course of its maritime boundary with the Federal Republic of Nigeria up to the limit of the maritime zones which international law places under their respective jurisdictions". Considering that its rights and interests might be affected by the Court's decision on this matter, Equatorial Guinea filed an Application for Permission to Intervene in the Cameroon v Nigeria case. By an order of 21 October 1999 the Court granted Equatorial Guinea's request. This article seeks to examine the question of maritime delimitation as it is presented to the Court in the Cameroon v Nigeria case, taking into account the geographical setting that characterises the Gulf of Guinea, an area where the potential maritime entitlements of five states overlap considerably.
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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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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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Evans, Malcom D., and JG Merrills. "III. Land and Maritime Boundary Between Cameroon and Nigeria (Cameroon v Nigeria:: Equatorial Guinea Intervening), Merits, Judgment of 10 October 2002." International and Comparative Law Quarterly 52, no. 3 (July 2003): 788–97. http://dx.doi.org/10.1093/iclq/52.3.788.
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On 10 October 2002 the International Court of Justice gave its decision on the merits in the case brought by the Republic of Cameroon against the Federal Republic of Nigeria over their land and maritime boundary. The judgment, which addresses a number of issues of general international law concerning maritime boundaries and territorial sovereignty, as well as providing a detailed treatment of the particular facts, concludes a case that began in 1994 and has had an unusual history. As this background had a significant bearing on the eventual outcome, a brief recapitulation may be useful.
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Hume, David, Andrew Lynch, and George Williams. "Heresy in the High Court? Federalism as a Constraint on Commonwealth Power." Federal Law Review 41, no. 1 (March 2013): 71–93. http://dx.doi.org/10.22145/flr.41.1.3.
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Williams v Commonwealth of Australia is a landmark decision of the High Court on the scope of federal executive power in s 61 of the Constitution. The decision is also important for the interpretive methodology adopted by the Court. Notably, each judge based their understanding of s 61 upon federal readings of the Constitution. This methodology raises fresh questions about how the Constitution is to be interpreted, and whether Williams marks a break from orthodox understandings of that task. This article assesses the significance of Williams for constitutional interpretation in Australia, and whether it lays the foundation for a more robust protection of state interests by the High Court.
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Paige, Mark A., and Audrey Amrein-Beardsley. "“Houston, We Have a Lawsuit”: A Cautionary Tale for the Implementation of Value-Added Models for High-Stakes Employment Decisions." Educational Researcher 49, no. 5 (May 26, 2020): 350–59. http://dx.doi.org/10.3102/0013189x20923046.
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Until recently, legal challenges to the use of value-added models (VAMs) in evaluation and teacher employment decisions in federal court had been unsuccessful. However, in May 2017 a federal court in Texas ruled that plaintiff-teachers established a viable federal constitutional claim to challenge the use of VAMs as a means for their termination in Houston Federation of Teachers v. Houston Independent School District. Houston represents a significant departure from prior federal court rulings that upheld the constitutionality of VAMs to terminate teachers on the basis of poor performance. The Houston court found that the districts’ refusals to release the underlying data of VAM ratings used to terminate those teachers violated the teachers’ procedural due process rights. By denying access to the code, teachers could not protect against the government’s making a mistaken deprivation of their property right to continued right to employment. The authors discuss Houston and its potential impact, limitations, and significance.
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Wingate, Emmanuel Onyedi. "Qualifications for Party Representatives and Arbitrators in Nigerian Arbitration: Shell v Federal Inland Revenue Service." Journal of African Law 64, no. 3 (August 5, 2020): 451–61. http://dx.doi.org/10.1017/s0021855320000170.
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AbstractNigeria's Court of Appeal held in Shell v Federal Inland Revenue Service (Shell v FIRS) that only Nigerian enrolled legal practitioners can sign processes for arbitration proceedings in Nigeria. Foreign qualified legal practitioners (FQLP) not enrolled in Nigeria are excluded. Arguably, this limitation extends to the conduct of the parties’ cases and excludes FQLP from appointment as arbitrators where the arbitration agreement specifies that arbitrators be legal practitioners. Shell v FIRS however, contrasts with Stabilini Visinoni v Mallinson, in which the same Court of Appeal had emphasized the flexibility of the arbitral process (which typifies judicial policy in any arbitration-friendly jurisdiction), particularly recognizing that arbitration practice is open to lawyers and non-lawyers alike. Consequently, this note recommends that Nigeria's Arbitration Act be amended to allow for representation by “persons” of the parties’ choice, mirroring the IBA Guidelines on Party Representation in International Arbitration 2013 and article 5 of the UNCITRAL Arbitration Rules 2010.
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Plowman, David, and Graham F. Smith. "Moulding Federal Arbitration: The Employers and the High Court 1903-1935–." Australian Journal of Management 11, no. 2 (December 1986): 203–29. http://dx.doi.org/10.1177/031289628601100206.
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Hearn, Mark. "Vitiating the Federal Principle: The High Court Work Choices Case, 2006." Labour History, no. 92 (2007): 129. http://dx.doi.org/10.2307/27516192.
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Gambini, Emanuela. "In the Aftermath of D’Arcy v. Myriad Genetics Inc: Patenting Isolated Nucleic Acids in Australia." European Journal of Risk Regulation 7, no. 2 (June 2016): 451–59. http://dx.doi.org/10.1017/s1867299x00005882.
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On 7 October 2015 the High Court of Australia unanimously allowed the appeal on D’Arcy v. Myriad Genetics Inc and ordered that claims 1, 2 and 3 of Australian Patent No 686004, entitled “In vivo mutations and polymorphisms in the 17q-linked breast and ovarian cancer susceptibility gene”, be revoked.The High Court's judgment overturned the decisions of Justice Nicholas of the Federal Court, at first instance, and the Full Federal Court. This case note provides an overview of the High Court's decision and discusses its meaning and implications for patenting isolated nucleic acids in Australia.
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Enabulele, Amos O., and Anthony Osaro Ewere. "Can the Economic Community of West African States Community Court of Justice Enforce the African Charter Replicas of the Non-Justiciable Chapter II Human Rights Provisions of the Nigerian Constitution against Nigeria?" International Human Rights Law Review 1, no. 2 (2012): 312–37. http://dx.doi.org/10.1163/22131035-00102004.
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This article highlights a major source of tension between the Supplementary Protocol of the Economic Community of West Africa States Community Court of Justice (ECOWAS CCJ) and the Constitution of the Federal Republic of Nigeria, 1999 (CFRN), in relation to the enforcement of economic, social and cultural (ESC) rights against Nigeria, as manifested in a recent decision of the ECOWAS CCJ in Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) v Federal Republic of Nigeria and Universal Basic Education Commission. The focus of this article on the tension is both from the perspective of Nigerian law and of the ECOWAS CCJ. It argues that while the CFRN cannot deprive the ECOWAS CCJ of the jurisdiction expressly given to it by its Protocols, the CFRN does have implications for the enforcement of any decision of the ECOWAS CCJ that offends its provisions within the CFRN sphere of superiority.
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Irving, Helen. "State Jurisdictional Residue: What Remains to a State Court When Its Chapter III Functions are Exhausted?" Federal Law Review 42, no. 1 (March 2014): 1–22. http://dx.doi.org/10.22145/flr.42.1.5.
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Momcilovic v The Queen (2011) 245 CLR 1 provided the first opportunity for the High Court of Australia to consider the constitutional validity of a ‘declaration of inconsistent interpretation’ made under s 36 of the Charter of Human Rights and Responsibilities Act 2006 (Vic). The Court's ruling on this point attracted attention going well beyond the rest of the case. The constitutional status of the Charter's ‘declaration’ function had long been uncertain; in addition, although the case concerned a conviction under State law, the judgment of the Victorian Court of Appeal, from which Ms Momcilovic's appeal had come to the High Court, had been exercised in federal jurisdiction. This, then, raised questions about the extent to which the State Court was jurisdictionally limited, under the Kable doctrine, by its ‘identity’ as a Ch III court: whether the declaration power could be exercised by both, either, or neither, a State or federal court. Notably, French CJ found the power valid for a State court, but invalid for a federal court. In explaining his conclusion, the Chief Justice identified what this paper calls ‘State jurisdictional residue.’ In his Honour's words, ‘there is no reason in principle why the Court of Appeal, having exhausted its functions in the exercise of its federal jurisdiction … could not proceed to exercise the distinct non-judicial power conferred upon it by’ the Charter. Further questions were then raised about the extent to which a State court, albeit exercising federal jurisdiction, remains free to exercise a ‘residual’ State power relevant to the same proceedings. This paper considers such questions. It also asks what the case might be for reconsidering Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51, particularly in light of the more recent judgment in Kirk v Industrial Court (NSW) (2010) 239 CLR 531.
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Renfro, Ashleigh N. "All In with Jack High." Texas A&M Law Review 1, no. 3 (January 2014): 751–78. http://dx.doi.org/10.37419/lr.v1.i3.9.
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In United States v. DiCristina, the Eastern District of New York ruled that Texas Hold ‘Em poker is game of skill, and thus, not illegal under the federal Illegal Gambling Business Act. In the decision, the court found that the statute’s text and legislative history did not indicate that Congress intended to include Texas Hold ‘Em poker amongst other illegal gambling activities. But most importantly, the Eastern District found that the analytical and psychological elements of the game allow a skilled player to perform better than another. This, the court reasoned, differentiated Texas Hold ‘Em poker from other types of illegal gambling activities. Though the Second Circuit Court of Appeals ultimately disagreed on statutory interpretation grounds, the Eastern District’s skill analysis still stands and gives credence to the longstanding argument that the game, because it allows skilled players to excel over non-skilled players, sits on its own compared to prohibited gambling activities. In effect, DiCristina laid the foundation and answered one of the last remaining questions keeping Congress from legalizing online Texas Hold ‘Em poker. This Comment will explore various legalization surges throughout America’s history of gambling that ultimately helped push forward new periods of regulation and reform. This Comment will also examine the rise and fall of internet gambling and the current federal laws keeping the once thriving industry from returning. Additionally, this Comment will look at prior conclusions of the skill-versus-chance argument before DiCristina, and the Eastern District’s approach to resolving the skill versus chance issue. Lastly, this Comment will examine recent developments surrounding online Texas Hold’ Em poker that mirror surges of prior periods of reform, and together with DiCristina, urge Congress to use these final strongholds to advance federal legislation allowing for interstate online Texas Hold ‘Em poker.
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Kirby CMG, Michael J. "THE HIGH COURT OF AUSTRALIA AND THE SUPREME COURT OF THE UNITED STATES - A CENTENARY REFLECTION." Denning Law Journal 16, no. 1 (November 23, 2012): 45–78. http://dx.doi.org/10.5750/dlj.v16i1.300.
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In October 2003 in Melbourne, the High Court of Australia celebrated the centenary of its first sitting. According to the Australian Constitution, it is the “Federal Supreme Court” of the Australian Commonwealth.1 Although the Constitution envisaged the establishment of the High Court, the first sitting of the new court did not take place until a statute had provided for the court and the appointment of its first Justices. They took their seats in a ceremony held in the Banco Court in the Supreme Court of Victoria on 6 October 1903. Exactly a century later, the present Justices assembled in the same courtroom for a sitting to mark the first century of the Court.
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Bzdera, André. "Comparative Analysis of Federal High Courts: A Political Theory of Judicial Review." Canadian Journal of Political Science 26, no. 1 (March 1993): 3–29. http://dx.doi.org/10.1017/s0008423900002420.
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AbstractConstitutionalists and political scientists often claim that federal high courts are neutral and impartial arbiters of federalism disputes. However, analysis of the political impact of nine federal high courts on the division of powers clearly indicates that such courts are best characterized as centralist and nationalist. This is largely the result of the strong institutional factors that link the federal high court to the political institutions of the central government, notably the process by which federal judges are appointed. The political theory of federalism must thus be modified to take into account the centralist function of judicial review.
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Kurtishi, Emir. "The Constitutional Court of the Federal Republic of Germany." SEEU Review 15, no. 2 (December 1, 2020): 143–55. http://dx.doi.org/10.2478/seeur-2020-0023.
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Abstract Decisions made so far by the Federal Constitutional Court of Germany have always been characterized by their writing and content, even down to details, precision, accuracy, professional legal style of writing, always clear in the elaboration and adjudication of cases from its competence, but surprisingly, in our country, only a few have paid attention to the German Court in a scientific context, which can be seen from the only few materials we possess in the Albanian language. The purpose of this paper is to provide an overview of this Court, so that the comparative aspects can be made, highlighting its advantages and disadvantages, in case of dictating the state need for reform of the Constitutional Courts. Those who have institutionalized this constitutional institution know its value in the system of constitutional justice, which performs it in terms of protection of constitutions, its principles and value, and most importantly in the protection of freedoms and rights of human beings and citizens. The Federal Constitutional Court of Germany, to this date, has conveyed the efficiency of the protection of the German legal order, the serious approach and law interpretation, for the protection of freedoms and human rights, which ranks this court into a high level among all other powers in the German law system. The author, in the following paper, gives an overview of this Court starting with its history, organization and functioning, which today undoubtedly constitutes one of the most important constitutional courts in the world.
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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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Bai, James, and Harry Hobbs. "Appointing Attorneys-General to the High Court: A case for reform." Alternative Law Journal 42, no. 4 (November 27, 2017): 286–91. http://dx.doi.org/10.1177/1037969x17732707.
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Throughout 2016, Attorney-General George Brandis QC repeatedly denied he intended to leave the Federal Parliament and take up a position on the High Court of Australia. In this article we explore the experiences of the two most recent politicians-cum-High Court Justices: Garfield Barwick and Lionel Murphy; and note that Australia’s current judicial appointment process would have permitted Brandis to make a similar transition. We argue that this process should be revamped to enhance transparency and accountability in the appointments process, to the benefit of our judicial system and its public perception.
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Yell, Mitchell L., and Antonis Katsiyannis. "The Supreme Court and Special Education." Intervention in School and Clinic 54, no. 5 (February 4, 2019): 311–18. http://dx.doi.org/10.1177/1053451218819256.
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Special education has been the subject of many rulings in federal courts. These rulings have greatly affected the practice of special education. The most important of these cases have come from the U.S. Supreme Court, which thus far has heard 12 cases directly affecting special education. This article examines the most important of these special education rulings from the High Court and addresses the meaning of these decisions for special education administrators, teachers, related service providers, students in special education, and their parents.
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Zellmer, Sandra. "Waiving Federal Sovereign Immunity in Original Actions Between States." University of Michigan Journal of Law Reform, no. 53.2 (2020): 447. http://dx.doi.org/10.36646/mjlr.53.2.waiving.
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There are tremendous disparities between high stakes original actions between states before the U.S. Supreme Court, where there is no waiver of federal sovereign immunity, and other types of cases in the lower courts, where a plethora of immunity waivers allow states and other parties to seek relief from the federal government for Fifth Amendment takings, unlawful agency action, and tort claims. Federal actions or omissions are often at the heart of the dispute, and federal involvement may be crucial for purposes of providing an equitable remedy to the state parties, but there is no reliable mechanism for bringing the federal government to an original action before the Supreme Court. This Article shows how federal sovereign immunity stands in the way of comprehensive resolution of interstate water rights and highlights the need for reforms to facilitate meaningful participation by the United States. In particular, it investigates the merits of a waiver of federal sovereign immunity in original actions between the states. Although federal immunity is a staple of our nation’s jurisprudence, it has no constitutional basis and it serves little purpose in this context. The Article concludes that a congressional waiver of federal sovereign immunity would be appropriate and would have few downsides, at least in the case of original actions between states before the U.S. Supreme Court.
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Gray, Anthony. "Discriminatory Taxation in Light of Fortescue: Its Implications for the Development of Northern Australia." Federal Law Review 42, no. 1 (March 2014): 1–23. http://dx.doi.org/10.22145/flr.42.1.3.
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In the recent Fortescue decision, the High Court made some interesting observations regarding interpretation of the word ‘discrimination’ in the context of the Federal Government's power with respect to taxation in s 51(2) of the Australian Constitution. Coincidentally, the Federal Government has commenced consideration of options for the development of northern regions of Australia. Of course, one option would be to introduce a variable taxation system to encourage businesses and individuals to be based, and/or invest, in northern Australia. This article considers possible constitutional issues associated with variable taxation schemes overtly favouring businesses and individuals based in the ‘north’, given the recent High Court decision.
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Witt, Anne C. "Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case." Antitrust Bulletin 66, no. 2 (March 10, 2021): 276–307. http://dx.doi.org/10.1177/0003603x21997028.
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In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.
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Heard, Andrew. "Conacher Missed the Mark on Constitutional Conventions and Fixed Election Dates." Constitutional Forum / Forum constitutionnel 19, no. 1, 2 & 3 (May 16, 2012): 2010. http://dx.doi.org/10.21991/c9637h.
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Given the fundamental role that conventions play in the Canadian constitution, it is not surprising that litigants try from time to time to engage the courts in defining or even enforcing the terms of a particular convention. The Federal Court’s September 2009 decision in Conacher v. Canada (Prime Minister)1 is the latest high-profile example. Duff Conacher, Coordinator of Democracy Watch, had launched a court case that challenged the 2008 federal election call as contravening either the provisions of the government’s fixed-date election law (Bill C-16,2 passed in 2007), or conventions supporting the law. The Federal Court rejected Conacher’s application, holding among other things that there was no constitutional convention constraining the prime minister from advising an election before the October 2009 date prescribed in the statute. Conacher’s appeal was also rejected. In May 2010, the Federal Court of Appeal upheld the lower court’s decision, stating that "no such convention exists" based on the evidentiary record.3 For many observers, the Conacher decision may seem unsurprising and solidly based on the existing jurisprudence dealing with constitutional conventions.
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Crawford, Lisa Burton. "Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution." Federal Law Review 44, no. 2 (June 2016): 287–310. http://dx.doi.org/10.1177/0067205x1604400205.
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Plenary executive power seems repugnant to the rule of law. It is often said that such power cannot exist: that all executive power must have legal limits. Yet, it remains unclear which principle or principles of Australian constitutional law would prevent the federal Parliament from conferring plenary executive power. The High Court has suggested that a federal statute purporting to confer an entirely open-ended discretion on a Minister would simply not be a ‘law’, or else lack the requisite connection to a head of power found in ss 51 or 52 of the Australian Constitution. This article examines the latter claim. It explains the nature of the limitations imposed by ss 51 and 52 and the role of the High Court in ensuring that those limitations are complied with. It concludes that the scope of executive power that Parliament may confer is constrained by ss 51 and 52, but not to the extent that has been suggested by the High Court.
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Esoimeme, Ehi Eric. "A critical analysis of the anti-corruption policy of the federal executive council of Nigeria." Journal of Money Laundering Control 22, no. 2 (May 7, 2019): 176–87. http://dx.doi.org/10.1108/jmlc-06-2017-0021.
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Purpose This paper aims to examine the anti-corruption policy of the Federal Executive Council of Nigeria, to determine whether the policy is working and/or has produced unintended effects. The Federal Executive Council is the body comprising all the Ministers of the Federation, including the President and Vice President. Design/methodology/approach The analysis took the form of a desk study, which analysed various documents and reports such as the Transparency International Corruption Perceptions Index, 2008-2016, the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Economic and Financial Crimes Commission (Establishment) Act, 2004, the Administration of Criminal Justice Act, 2015, the UK’s Investigatory Powers Act, 2016, the Public Interest Disclosure and Witness Protection Bill, 2017 and the Financial Action Task Force Recommendations, 2012. Findings This paper determined that the anti-corruption policy of the Federal Executive Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: research grants which are sent to Nigerian universities by international and corporate bodies should be exempted from the current treasury single account arrangement. This would enable universities to easily access the funds and disburse the same to qualified students. The Federal Government should follow the guidelines laid down in Section 270 of the Administration of Criminal Justice Act, 2015 for plea agreements. In other words, the prosecution should only offer a plea bargain to a person who has been charged with an offence. The prosecution should not receive and consider a plea bargain from a person who has not been charged with an offence. Any attempt to water down the effect of Section 270 of the Administration of Criminal Justice Act, 2015 may weaken the ongoing fight against corruption and money laundering because criminals will be encouraged to continue looting public funds. The Financial Action Task Force Recommendations (Recommendation 3) requires that criminal sanctions for natural persons convicted of money laundering should be effective, proportionate and dissuasive. The Federal Government of Nigeria should introduce a Bill to the National Assembly that would provide a clear framework for the use of investigatory powers by law enforcement, the security and intelligence agencies and other public authorities. This includes the interception of communications, the retention and acquisition of communications data, the use of equipment interference and the retention and use of bulk data by the security and intelligence agencies. The Bill must establish a number of safeguards against the arbitrary or unlawful use of investigatory powers by the executive. The UK’s Investigatory Powers Act, 2016, for example, established a number of safeguards for the retention and acquisition of communications data. Authorisations for obtaining communications data will have to set out why accessing the communications data in question is necessary in a specific investigation for a particular statutory purpose and how it is proportionate to what is sought to be achieved. A police officer who receives information from a whistleblower about money hidden in an apartment should apply to a Court or Justice of the Peace within the local limits of whose jurisdiction he/she is for the issue of a search warrant before conducting a search on the said premises. This procedure is in line with Section 143 of the Administration of Criminal Justice Act, 2015 and the Court of Appeal decision in Hassan v. E.F.C.C. (2014) I NWLR (Pt. 1389) 607 at 625. The Public Interest Disclosure and Witness Protection Bill, 2017 should be given accelerated consideration in the House of Representatives based on its urgency and significance for the Federal Executive Council’s whistleblowers policy. Research limitations/implications This paper focusses on the anti-corruption policy of the Federal Executive Council of Nigeria from 29 May 2015 to 10 June 2017. It does not address the older policies. Originality/value This paper offers a critical analysis of the new anti-corruption policy of the Federal Executive Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.
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Nweke, Kenneth, and Eunice Etido-Inyang. "Issues of National Security and Human Rights in Nigeria: A Case Study of Islamic Movement of Nigeria." Advances in Social Sciences Research Journal 5, no. 11 (April 30, 2020): 653–64. http://dx.doi.org/10.14738/assrj.511.8171.
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This paper examined issues of national security and human rights in Nigeria with emphasis on the conflicts between the federal government and the Islamic Movement of Nigeria (IMN). The objectives of the paper included to determine the nature of national security and human rights in Nigeria vis-à-vis the Islamic Movement of Nigeria; identity the contentious issues that triggered the conflicts and undermined national security and human rights between the federal government and the Islamic Movement of Nigeria; determine the implications of continued crackdown of IMN members and detention of their leader, El-Zakzaky and his wife on national security and human rights violations in Nigeria, and make necessary recommendations on how these issues can be amicably resolved without compromising national security and human rights of Nigerians, especially IMN members. This research has become imperative in view of the continued detention of Sheikh Ibrahim El-Zakzaky by the security operatives in Nigeria since 2015 in spite of court orders without concluding the trials. This has caused great concern to Nigerians with daily debates on the implications of this prolonged incarceration of the duo on national security and human rights in a democratic system of government. This paper was anchored on the “Family Theory in Clinical Practice”. The ‘Family Theory’ stressed the need to understand and consider the emotional functioning of a family or group as the basis for religious or political indoctrination, radicalisation, extremism and deviant behaviour that may be antagonistic to acceptable societal norms and values. This paper adopted descriptive research design. Data used for the study were gathered from secondary sources as content analysis was used in the interpretation of data. The paper found that the Islamic Movement of Nigeria (IMN) members were justified in their protest against military crackdown, detention and proscription. The paper observed that the over five year’s detention of Sheikh El-Zakzaky by the Nigerian government without trial amounts to the violation of his constitutionally guaranteed and legally protected human rights. This paper recommends the immediate and unconditional release of the Shiites leader from detention, speedy trial and respect for judicial pronouncements by the Nigerian government without compromising national security and human rights.
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Barr, Emmanuel Imuetinyan Obarisiagbon. "Caught, clubbed and burnt: criminological reflections on the incidence of jungle justice in Benin Metropolis, southern Nigeria." AFRREV IJAH: An International Journal of Arts and Humanities 7, no. 3 (September 10, 2018): 32–40. http://dx.doi.org/10.4314/ijah.v7i3.4.
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All over Southern Nigeria, incidents of people taking the law into their hands and meting out instant justice on suspected criminals without recourse to the rule of law and the position of Section 33 (1) of the 1999 Constitution of the Federal Republic of Nigeria abound. This motivation for participation in jungle justice was therefore explored. A combination of both qualitative and quantitative techniques was employed to collect data from six hundred and fifteen respondents. A descriptive analysis of the quantitative data collected was undertaken, using frequency distribution while the qualitative data were content analysed. Findings from this study reveal that motivation for jungle justice was multifaceted. Illiteracy, lack of trust on the police, flaccid court system, chronic anger due to economic situation and disregard for the rule of law and human right were some of the motivation for the alarming incidence of the social phenomenon. Based on the findings of this study, there is the need to overhaul the criminal justice processes with a view to boosting the confidence of the public in its activities and also embark on a teaching on no violence and the ills of jungle justice.Keywords: Jungle justice, court, police, human rights