A Holistic Appraisal of Electoral Fraud and Other Electoral Irregularities in Nigeria: Way Forward (Published)
Over the years, allegations of electoral fraud have been levelled against the various elections held in Nigeria, including presidential elections. The recurrent incidences of flawned elections has no doubt eroded the credibility of election results and also debased the trust in the Electoral Commission. This paper examines the factors responsible for flawned elections in Nigeria among others. This is doctrinal research which relies on both primary and secondary sources of data. This paper reveals that the politicians have come to see election as a do or die affairs, hence the frequent use of thuggery, intimidation and violence during elections. This paper concludes by proferring some solutions.
Keywords: Election, Fraud, Ideology, Nigeria, incumbency
The Transcendental Ideology: The Reflection of Just Law Certainty in Indonesian Adjudication (Published)
Indonesian adjudication find a difficulty in establishing fair law certainty because it is hard for the judge to interpret the transcendental ideology concerning with law certainty and justice. This ideology has been within First Principle of Pancasila, “The Belief on One Supreme God” and also principle of adjudication stating that “adjudication shall favor of justice based on One Supreme God”. Islamic Law offers the transcendental ideology as manifestation of the physicality and mentality of legality principles. These principles are: “law does not deteriorate at all; there is a presumption of innocence; the punishment with doubt is invalid; and God may not punish human without notification or warning through Prophets”. The transcendental ideology for just adjudication has been justified by the Act of Judicial Power which requires the judge to explore, to follow and to understand the justice values advocated and developed within the community (spirituality) and also the unwritten laws (religion). The universality of the transcendental ideology for just adjudication in Indonesia, according to Islamic, is deriving from the attributes of God (al-hakam, al-adel, al-hakim) and also from the signification of universality of al’adl, al-qist and wasat.
Keywords: Adjudication, Ideology, Justice, Law Certainty, Transcendental
Clash of Cultures: The Interface between Islam and the West (Published)
The struggle for cultural supremacy is not only a fact of history but also an observable phenomenon of social existence. Perhaps, the frenzied defence of cultural identity is second only to the expression of territorial nationalism. Contemporary cultures of which Islam is a resilient part are engaged in a ceaseless war of survival. Following the 9/11 attack on the World Trade Centre in New York, Islam has come under intense scrutiny. What has followed is a feverish commitment to the obliteration of Islamic values at home and abroad and the intensification of the scheme to enthrone western culture. This raises many legal, constitutional and sociological questions as well as questions relating to the place of Islamic culture both on the international arena and within the Nigerian jurisdiction. The paper is dedicated both to defining the place of Islamic culture vis-a-vis freedom of conscience and the constitutional safeguards in place against the prejudices that confront Islamic civilisation.
Keywords: Civilisation, Culture, Democracy, Government, Ideology, Law, Religion.