Legal Implications of Judicial Independence on Implementation of Provisions of the African Commission on Human and Peoples’ Rights in Nigeria (Published)

In this study, a legal examination of judiciary role in the implementation of human right protection decisions emanating from the African Commission on Human and Peoples’ Rights- African Commission (AC) – in Nigeria, was examined. It employs series of intricate factors including the African Charter on Human and Peoples’ Rights (ACHPR), the AC and Independence of the Judiciary. The research, which has its roots in historical contexts, highlights the challenges and legal difficulties that the Commission faces in carrying out its decisions. It examines the legal framework dictating the implementation process, drawing parallels between important decisions of the AC and the developmental journey of the Nigerian judicial system. The study looks at the main implementation issues and offers complex viewpoints on the difficulties encountered in accomplishing the goals of the Charter. It acknowledges that the African Commission on Human Rights (ACHPR) has the responsibility to promote and defend human rights throughout the continent of Africa; but, it finds that the ability and desire of national governments and institutions, particularly the judiciary, to carry out its functions determines effectiveness of the decisions. Even though the judiciary holds a position in ensuring implementation, there is setback due to inability to freely act as an independent body. The article gives special attention to the constitutional non-justiciability of socio-economic rights, which amongst others, is a major complication in ensuring adherence. The study recommends strategies to strengthen the network for ensuring compliance with the Commission’s decisions.

Keywords: Human Rights, Implementation, Nigeria, judicial independence, regional instruments

The Dark Side of Human Rights in a World of Pluralism, Diversity and Interdependence (Published)

This paper is of the view that human rights are now a settled part of international law and politics. By 2000 the main human rights treaties had been ratified by a large majority of the world’s countries. The idea that there are only negative human rights is partly supported by the contribution of this paper. It argues that rights must be correlated with duties. And it argues that negative rights are correlated with negative duties that are easily assignable to all human beings. So, each person can make a claim against every other person in the world that that person not interfere or harm them. But this paper argues the situation of positive rights, such as a right to education, is not so easy to understand. Who must provide the education to the person in Malawi? Do we (citizens of Nigeria) have a duty to do this? This paper appears to think that this is implausible. Perhaps the state of Malawi has this duty. But in this case, the thought is, we are assigning a duty to an entity that is a contingent product of institutional arrangements. In the case of negative rights, we have them against all persons and no institutional setting is required for determining what duties people have, but it appears that in the case of positive rights, the duties must be assigned by institutions and this will depend on a myriad contingencies making them special rights and not human rights. Hence it is not clear how there can be positive human rights.

Keywords: Human Rights, covenants, negative rights, positive rights, states, treaties

FIFA World Cup Qatar 2022: The Remaining Legacy within Qatari Legal System (Published)

FIFA World Cup Qatar 2022™; once a dream! It is now become a true. The tournament’s opening match is only few weeks ahead[1] and there are strong evidences that the first winter world tournament to be held in the Middle East is going to be unprecedented. The hosting nation “Qatar” has invested heavily in the preparation process; 7 new A-Z stadiums with advanced quality, unique designs, sustainable materials and technologies along with huge infrastructure projects in transportation, road’s networks, housing, fan zones, public inside and outside spaces marks Qatar 2022™ as the first World Cup in terms of investments, preparation processes, and sustainability standards. The Qatari preparations are not limited to those related to the tournament in its narrow concept, but it include some other preparations within the Qatari legal system. These legal amendments and new or special legal instruments will be –among others- the remaining legacy of the Qatar 2022 World Cup. This article will highlight the major legal steps taken by the State of Qatar in its preparation to host the World cup directly or indirectly.  

Citation: Hayajneh A.Z. (2022) FIFA World Cup Qatar 2022: The Remaining Legacy within Qatari Legal System, Global Journal of Politics and Law Research, Vol.10, No.7, pp.23-42

Keywords: FIFA world cup/ Qatar 2022, Human Rights, Qatari legal system., labor law, legal legacy. sports law

Police Brutality and Violation of Human Rights in Nigeria – Causes and Implications (Published)

This research work examines police brutality and violation of human rights in Nigeria – causes and its implications. The objectives of the study is to establish some cases of police brutality in Nigeria; to investigate the causes of police brutality and violation of human rights in Nigeria; to ascertain the implications of police brutality in Nigeria and to recommend ways to prevent police violence in Nigeria. To be able to achieve these objectives, four research questions were raised, such as, are there testimonies and evidences of human rights violation in Nigeria by the police? What are the causes of police brutality and violation of human rights in Nigeria? What are the implications of police brutality in Nigeria? How can police brutality and violation of human rights be prevented in Nigeria? The study made use of descriptive analytical method to analyze data gotten from secondary source such as academic journals, Newspaper publications, Television documentaries, Internet, relevant textbooks etc. Albert Bandura Social learning theory was adopted in this research, which explains that police, violates people’s right with impunity because they watch as other officers who violate people’s rights are not well sanctioned. The research reveals that police brutality in Nigeria has led to loss of lives, torture of detainees and extortion of suspects. Some of the recommendations are; The Nigerian police commission should strictly investigate and sanction erring officers, there should be a proper police reform, men of the Nigerian police should be subjected to a thorough mental examination before engaging them to service etc.

Keywords: Human Rights, human rights of Nigeria, police brutality

Human Rights as the Foundation for Ethical Practice of Law (Published)

Citation: Uchenna Emelonye  and Francis Igiriogu (2022)  Human Rights as the Foundation for Ethical Practice of Law, Global Journal of Politics and Law Research, Vol.10, No.1, pp.1-14

Abstract: This Article is a reflection on the importance and foundational role human rights play in the Ethics and Code of Conduct of the legal profession generally and specifically as it relates to the Liberian National Bar Association. It submits that human rights represent the minimum standards with regard to decent treatment of human beings anywhere, notwithstanding the location or culture of persons involved. As a result this makes human right principles an indispensable reference point and guide when formulating rules of professional ethics and code of conduct. It contends that this accounts why ethics should promote human rights and respect to human rights principles should be the basis for any ethical codes. It concludes that, this being the case, any code of conduct that violates human rights, such code has ab initio lost its legitimacy and moral basis to be code of conduct.

Keywords: Human Rights, Law, ethical practice, foundation

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.

Non-Governmental Appraisal of the Frameworks for the Promotion and Protection of Human Rights in Nigeria (Published)

Non-governmental organization are key actors in human rights promotion and protection in Nigeria. As also key players in international human rights mechanisms and particularly the Universal Periodic Review (UPR) process of the Human Rights Council (HRC), non-governmental stakeholders in Nigeria have participated in the three UPR circles of Nigeria and submitted reports appraising the normative and institutional frameworks for the promotion and protection of human rights. As a creation of the HRC in 2006, the UPR is a peer mechanism to review, on a periodic basis, the human rights records of all Member States of the United Nations based on three distinct sources of information submitted to the HRC. One of such sources of information is the reports from non-governmental organization operating in Nigeria classified as ‘other reports’ and compiled by the United Nations Office of the High Commissioner for Human Rights.  Focusing on the ‘other reports’ submitted to the HRC on the normative and institutional frameworks for the promotion and protection of human rights in Nigeria, this article which is descriptive in nature concludes that despite advances claimed in its national UPR reports by the Government of Nigeria, non-governmental stakeholders are still of the view that there are evidently several weaknesses in the normative and institutional frameworks for the promotion and protection of human rights in Nigeria.

Keywords: Civil Society, Human Rights, Nigeria, non-governmental, normative and institutional framework, universal periodic review

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

The Right of Citizens to Keep and Bear Guns: A Violation of the Article 3 and 25 of the Universal Declaration of Human Rights- Study Case of USA, South Africa, France and India-Recommendations to United Nations Based on China’s Experience (Published)

This article raises the issue of the right of citizens to keep and bear guns. The right of citizens to keep and bear guns is the right conferred by governments to people to own a gun   for the purpose of self-defense. However, for more than two decades, this right has become a tool of violation of human rights across the world, justified by a high rate of gun related deaths, violence and gun delinquency. More than two hundred thousand people die by private guns every year around the world, either by homicide or suicide. Amnesty International talks about a human right crisis, putting the life of seven billion of people in danger, threatening global security and peace, and causing serious consequences on the socioeconomic life of the countries, in violation of the Article 3 and 25 of the Universal Declaration of Human Rights (UDHR). Based on the case of USA, South Africa, France and India, this article shows the consequences that this legislation causes on the humanity, demonstrates the efficiency of the China’s gun policy and recommends to United Nations to require to State members to abolish the right of citizens to guns following China’s experience, and to establish a world day against the right of citizens to guns.

Keywords: Human Rights, United Nations, china’s experience, guns-violation, right of citizens, universal declaration

The Impact of Human Rights on Good Governance and Sustainable Development in Nigeria (Published)

Human rights and good governance are the salient elements of a well-functioning state and society. They are also mutually reinforced; for human rights principles provide a set of values to guide the work of government and other political and social actors. Good governance on the other hand is a key to sustainable development and without good governance human rights cannot be respected in a sustainable manner. The three concepts thus work hand in hand. However in countries like Nigeria where democracy and rule of law have not been fully nurtured the move towards implementing human rights and good governance principles into the daily functioning of state institutions can be a huge challenge. The probability that a nation will achieve the aims of sustainable development and participative democracy are all the greater if human rights are respected. The aim of this article is to ascertain the level of observance of respect of the human rights in Nigeria by the government authorities and other social actors and the impact such observance or otherwise has on governance and development in Nigeria. It is observed that though the Constitution of the Federal Republic of Nigeria, 1999 (as amended) makes an elaborate provision on human right, and that Nigeria has acceded to numerous international instruments on human rights, the problem of bad governance with the resultant inadequate development has a link with failure of the authorities that be, to adequately appreciate the requirements of human rights and apply them in governance. Furthermore a lot of the basic human rights as contained in Chapter II of the Nigerian Constitution are not enforceable, thus failure of the authorities to observe them cannot be questioned. It is advocated.

Keywords: Democracy, Good Governance, Government, Human Rights, Sustainable Development