The Right to Female Succession-Inheritance Under Native Laws and Customs in Nigeria: An Affront to Justice (Published)
The article highlights the right of women to inheritance and succession among the ethnic groups particularly the four sampled groups; Igbo, Yoruba, Benin and Hausa/ Fulani which is somewhat worrisome to any discerning mind. This is because of the inherent discrimination associated with the intestate succession/inheritance under the various native laws and customs practiced by our ethnic groups in Nigeria. However, what is most worrisome is that in spite of these concerns, the impact of advocacy and public engagements on this subject at different fora is yet to be felt and translated into gender equality in favour of the females who are the primary victims of gender violence and discrimination. The aim of this article is to examine female succession/ inheritance under the Native Laws and Customs of different ethnic groups in Nigeria. In order to achieve this aim, the researcher adopted doctrinal research method. The method makes use of both primary and secondary source materials dealing with the subject under review. In the course of the article, the researcher discovered that the said oppressive, and obnoxious customary law practices from most of the ethnic groups studied were contrary to the expressed constitutional provisions on fundamental rights as well as other international human rights instruments. Based on our findings, it is recommended that national legislations to deter or prohibit discriminatory inheritance/succession right under the native laws and customs against female inheritance rights be put in place with strong advocacy and enlightenment programme against the practice.
Keywords: Customs, Inheritance, Justice, Nigeria, Right, female succession, native laws
Role of The Judiciary in Promoting Access to Justice in Nigeria (Published)
The role of the Judiciary in promoting access to justice cannot be over-emphasised, neither can its contribution towards attainment of justice be quantified. An independent, strong, respectable and responsible judiciary is indispensable for the administration of justice in any society. It is in this light that the Judiciary, as an arm of government, is the most important of all the three arms of government in Nigeria. The availability of the judicial system and the quality of justice it dispenses depend largely on the coordinated efforts of the judicial officers and the staff of the courts, their professional competence and compliance with ethical standards of conduct and discipline at work. An effective justice system is one that is accessible in all its parts. Without this, the system risks losing its relevance and the respect of the people it serves. Accessibility therefore is more than ease of access to the courts and legal representation, it involves an appreciation and understanding of the needs of those who require the assistance of the legal system. It is the duty of the judiciary to adequately protect all individuals that come before it to seek justice. In consideration of the importance of the judiciary, it is expected that it should play leadership role in the provision of access to justice. Unfortunately, access to justice in Nigeria is faced with so many challenges. These challenges and more shall form the focus of this research.
Citation: Josephine Nkeonye Egemonu (2022) Role of The Judiciary in Promoting Access to Justice in Nigeria, Global Journal of Politics and Law Research, Vol.10, No.5, pp.1-16
Keywords: Access, Judiciary, Justice, Nigeria
The Role of Gender Equality and Good Governance in Peacestudies: The Nigerian Experience (Published)
Peace could be seen as an individual’s state of mind with ideal society that operates in understanding, security and unity. The content of peace education programme must be problem solving and related to the economic, political, cultural, or social conditions that constitute the conflicting issues. Conflict resolution is a set of principles applied to encourage warring parties to seek peace. This means that the conflict is resolved when the basic needs of the parties have been met or satisfied. Conflict management refers to effort made to change the perceptions and attitudes of the people involved (Odoh 2006) Gender Equality is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision making and the state of valuing different behaviour, aspirations and needs equally, regardless of gender. Good governance is measured by 8 characteristics of participation rule of law, transparency, responsiveness, consensus oriented, equity and inclusiveness, effectiveness and efficiency and accountability. Using descriptive and analytical approach with anecdotal evidence gleaned from qualitative and historical literature on peace. Gender discrimination, equality and governance from traditional delegate system to modern system of governance from textbooks, library materials, oral interview, participant observation and internet materials, key informant etc. The study revealed that gender gap reduces productivity and diminishes contribution and does not only affect women’s well-being and that of their families but also imposes high cost on the economy through productive losses. Development of a community or society is a collaborative effort of all citizens which can only be possible when there is peace in that community or society. It is an indisputable fact that development is about people and development is only sustainable to the extent to which human resources are developed. Gender gap reduces productivity and diminishes contribution and does not only affect women’s well-being and that of their families but also imposes high cost on the economy through productive losses. Strict adherence to the principles of good governance will ensure that peace reigns in Nigeria. Based on the finding, the study recommended amongst others that themes on good governance and peace studies should be part of primary, secondary and tertiary institutions curricular in Nigeria. Topics such as electoral rights and processes, and gender equality should be taught. This will help in raising individuals that are gender sensitive, individuals who see people in their own rights as human beings not males being superior to females.
Keywords: Governance, Justice, Peace, Rule Of Law, equality
The Modern Paradigm of Criminal Justice: Restorative Justice (Published)
Restorative justice represents a new paradigm against the criminality, born and developed in the ground of the failure of punitive justice. As such, it brings a new ideology in the fight against crime, revealing a new perception for the offense, upon which takes life the restorative philosophy. The latter brings a very complex mechanism of action, whose ideals are manifested in the restorative programmes. Thus, the restorative justice satisfies its framework, in the theoretical viewpoint, as well as in the practical one, prompting its way to success. However, it remains a new ideology, still not affirmed and therefore it needs more promotion. In this regard, this paper aims to realize a framework of restorative justice, in the theoretical point of view, as well as in the practical one, to further highlight its problems and needs in the future.
Keywords: Justice, Philosophy, Problems, Programmes, Restorative
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