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
Nature of Collective Agreements in Nigeria: A Panoramic Analysis of Inherent Implementation Challenges (Published)
This paper x-rayed the fate of employees in Nigeria against the backdrop of incessant renege and socioeconomic setbacks associated with the dearth of implementation of duly concluded and perfected collective agreements in Nigeria. The paper examined the decision in Osoh and Ors Vs. Unity Bank Plc. which distilled common law principle on collective agreement vis-à-vis the extant provisions of the said Trade Disputes Act 1990 and finds that in the said Osoh’s case, the trial, lower and Supreme Courts failed to address the extant requirements for enforcement at law of a collective agreement but rather relied heavily on common law principle which regards collective agreement as a gentleman agreement. The paper also finds that both under statutory and common laws, the employees in Nigeria are usually treated unfairly due to dearth of political will, absence of governance structure and timely budgetary provisions with which to implement collective agreements timeously or at all. Therefore, the paper recommends, among other things, that inherent implementation challenges of collective agreements could be corrected if the government, employers, employees’ unions and the courts subject themselves to the rule of law and due process driven by the interests of both the employer and employees
Keywords: Collective Agreements, Employees, Employers, Implementation, Trade Disputes Act