Head: A Perfect Storm: Covid-19, Snap Elections, and Archaic Legal Framework (Published)
The Covid-19 pandemic has tremendous implications for democracy worldwide. Emergency measures undertaken to combat the pandemic tend to demonstrate a trade-off between public health and fundamental democratic principles. The Caribbean is not immune from this. This paper examines how Covid-19, and the calling of a snap election in Barbados scheduled for January 19, 2022, when combined with archaic election rules, led to serious implications for the conduct of the election, specifically regarding the ability of citizens to vote. The paper is divided into five sections, beginning with an introductory section. The second section examines the implications of Covid-19 for democratic participation. The third section explores the legal framework for the conduct of elections in Barbados and the limitations of that legal framework. The penultimate section discusses the implications of the snap election for electoral participation and electoral integrity. The paper ends on the need for electoral reform in the country.
Citation: Cynthia Barrow-Giles and Rico Yearwood (2022) Head- A Perfect Storm- Covid-19, Snap Elections, and Archaic Legal Framework, Global Journal of Politics and Law Research, Vol.10, No.4, pp.40-57
Keywords: Barbados, COVID-19, Constitution, Democracy, Elections, Electoral and Boundaries Commission (EBC)
The Interaction between Human Rights and National Security in Nigeria (Published)
Observance of human rights is a cardinal principle for the survival of any democratic society just as ensuring national security is a vital interest for any nation. Nigeria has been under an unbroken democratic governance since 1999 and democracy can hardly exist in its real sense anywhere without the observance of human rights. This topic became of interest in Nigeria because of the problem of insecurity that got to a very high level. The security challenges are obviously enormous and very disturbing. These challenges are in form of terrorism, insurgency, banditry and kidnapping among others. In the midst of these challenges that threaten the very existence of the country, perpetrated mainly by non-state actors, some people feel that human rights should be relegated to the background in order to effectively deal with the security challenges. That is the research problem. It is however pertinent to note that without the observance of human rights, and rule of law generally, it will be difficult to ensure national security. Doctrinal and teleological research methods were used in this work. Doctrinal method through the use of the relevant Nigerian laws. Teleological method was used in terms of the experience of the researcher as a practicing lawyer that has handled some human rights cases in Nigerian courts. The paper found that Nigerian laws made enough provisions for both the respect for human rights and for ensuring national security which only need to be implemented fully and to allow the courts to decide the way forward when there is a conflict between human rights and national security.
Keywords: Administration of Criminal Justice Act, Constitution, Dokubo-Asari, Federal Republic of Nigeria, Human Rights, National Security, Terrorism Prevention Amendment Act.
Sentencing and the Scope of Deportation in Nigeria (Published)
This paper examined the scope of deportation within the deterrent framework of Nigerian Criminal Justice System. Various legal provisions for its operation and judicial attitudes were discussed. The paper equally examined various acts of internal deportation carried out by the Executive Arm of Government with impunity, against the poor and proffered lasting solutions to the problem.
Keywords: Constitution, Human Rights, deportation, sentencing
Constitutionality of Local Council Development Areas in Nigeria (Published)
This paper examines the legality of Local Council Development Areas and similar bodies created by State Governments in Nigeria. The paper considers if the creation of Local Council Development Areas is in compliance with the provisions of the Constitution of the Federal Republic of Nigeria. It shows that while some State Governments renamed newly created Local Government Areas as Local Council Development Areas, some created Local Council Development Areas from the onset in a bid to avoid full compliance with the procedure stipulated by the Constitution for creation of Local Government Areas. It argues that although the State Government has constitutional powers to create Local Government Areas, it does not have the power to create Local Council Development Areas. This is because Local Council Development Areas are not listed in the Constitution of Nigeria.It considers the factors facilitating the creation of Local Council Development Areas including the failure of the Federal Government of Nigeria to challenge the creation and operation of such bodies and the reluctance of the Supreme Court of Nigeria in making a pronouncement against such illegal acts, thereby nipping it in the bud. The paper concludes that until these factors are addressed and the Federal Government rises up to its duty to defend the Constitution by challenging the illegality in the court of law, State Governments will continue to create Local Council Development Areas in violation of the provisions of the Constitution of Nigeria.
Keywords: Constitution, Local Government Area, house of assembly, local council development areas, national assembly
Legality of the Dissolution of Elected Local Government Councils in Oyo State, Nigeria (Published)
This paper examines the illegal trend of dissolution of elected Local Government Councils before the expiration of their tenure by the State Governor and their replacement with caretaker committees in Oyo State. It argues that although, the State Government has constitutional powers to create Local Government Councils and conduct elections into same, it does not have the power to dissolve elected Local Government Councils before the expiration of their tenure. Considering the trends in Oyo State and some other States in Nigeria, this paper finds that certain factors are responsible for the prevalence of dissolution of Local Government Councils which have resulted in various negative effects such as violation of the provisions of the Constitution of the Federal Republic of Nigeria and rights of members of the Councils to govern. Such actions truncate democratic process and forces unelected persons on the citizens. The paper concludes that to curb the practice of illegal dissolution of Local Government Councils, the courts of law must ensure the reinstatement of dissolved Councils and Federal Government of Nigeria must take concrete steps to grant autonomy to all Local Government Councils in the country.
Keywords: Constitution, Local Government Council, democratically elected, dissolution, state government.
Justiciable or Non-Justiciable Rights: A Debate on Socio-Economic and Political Rights in Nigeria (Published)
Justiciable or non-justiciable rights are hot debate in jurisprudence. The 1999 Constitution of the Federal Republic of Nigeria grouped rights into fundamental rights and fundamental objectives. Accordingly, fundamental objectives entail socio-economic and political rights which are non-justiciable in the court of law. However, socio-economic rights are necessary instruments for accountable government and good governance while non-justiciable rights work hardship on the citizens by restricting their rights of redress in the court of law. Non-justiciability is a constitutional cover to bad leadership and corruption. Hence, the investigation into justiciable or non-justiciable rights: a debate on socio-economic and political rights in Nigeria. The paper examined the position of South-Africa Courts’ judgments on socio-economic cases brought before them. The views of pro-justiciability and anti-justiciability schools were also juxtaposed. The study found out that the courts rather judges had upheld socio-economic and political rights as justiciable by inextricably connecting them to justiciable rights. The paper therefore recommends that all ouster clauses in the Constitution be expunged to promote accountable government, strengthen the judiciary and enforce citizen’s rights of redress.
Keywords: Constitution, Rights, fundamental Objectives, fundamental rights, justiciable, non-justiciable
The Persistent Breach Of Human Rights by Personnel of the Nigerian Police Force as Recorded in 2016 to 2018: A Call for International Attention (Published)
The rascality exhibited by the Nigeria police started way back from the colonial days till date. The Police Act, Administration of Justice Act, chapter four (4) of the Nigeria Constitution are the Codes that regulate and define the duties and mode of operation of the Police Force in Nigeria. The International law is also there as a global standard on human rights preservation. The primary objective of this paper is therefore to identify the reasons for frequent human rights abuses by the Nigeria police force and make recommendations toward stemming the tide. This paper reviews the Human rights abuses by the Nigeria police force in the years 2016-2018 by reference to the International law, Constitution, Police Act, Internet sources, Newspaper scholarly publications and text books. The findings in this paper are that the Nigeria police force has not been fair to the Nigeria masses. There are lapses in the training and orientation of Nigeria police force, the officers and the rank and file. The Nigerian Constitution guaranteed human rights protections. Similarly some domestic legislation had been passed protecting the Human rights. This paper brings to the bare a few cases and instances the Nigeria police force personnel had exhibited unbridled rascality in utter disregard for citizens lives and the dignity of human person. This paper makes recommendations toward ensuring that the police keep to their statutory role of protecting lives and property and eschew bitterness in discharging their duties.
Keywords: Constitution, Human Rights, human torture, investigations, rascality
Immunities and Tenures of Office in the Three Arms of Government in Nigeria: Legal Perspective (Published)
The Nigerian 1999 Constitution clearly recognises and upholds the principle of the separation of power and the need to ensure that each arm of the government operates within the purview permitted by law. Thus, to ensure that each arm of government discharges its functions effectively, the Constitution or existing enactments further provide for their immunities and tenures of office of the members of the executive, legislature as well as the judiciary. The intention of this article is to critically examine from the legal angle the scope and extent of the immunities granted to office holders in the three arms of government as well as the security of their appointments.
Keywords: Constitution, Executive, Immunity, Judicial Officer, Legislature, Tenure of Office