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
An Evaluation of Judicial Intervention in The Impeachment Process in Constitutional Democracies: A Case of Nigeria (Published)
Impeachment is an effective mechanism for checks and balances in a constitutional democracy. It is settled that the courts have no power to intervene in the process by questioning the exercise of the powers of the legislature. However, there has been a gradual departure from the general norm in recent years. The involvement of the courts in the impeachment process provides an opportunity to review the legislative process of the impeachment to prevent legislative rascality or abuse of the process and infringing on the fundamental rights of the target of the impeachment. Thus, judicial involvement in the process underscores the importance of the constitutional doctrine of checks and balances. Notable decided cases in Nigeria on impeachment proceedings since the case of Adegbenro v Akintola, were examined and reviewed. Relevant constitutional provisions on impeachment and judicial decisions thereon were highlighted. It was noted that impeachment could not, hitherto, be a subject of litigation in any court in Nigeria on account of constitutional ouster clauses. It was noted further that even though ouster clauses, are regarded as impediments to the administration of justice and by extension democracy, the courts were quick to invoke ouster clauses to decline jurisdiction in matters relating to impeachment. However, the paper found that the decision in Inakoju v Adeleke, which decided that ouster clauses need to be properly scrutinised by courts, besides being a watershed in the judicial approach to impeachment cases, is capable of checkmating the legislature’s seeming highhandedness in the impeachment process in Nigeria.
Keywords: Nigeria, attitude of courts, impeachment cases, impeachment process
The Need for The Entrenchment of Marital Rape in Nigeria’s Criminal Jurisprudence (Published)
The need for the entrenchment of marital rape in Nigeria’s criminal jurisprudence is a pressing issue that requires urgent attention. Marital rape refers to any non-consensual sexual activity perpetrated by a spouse against their partner within the institution of marriage. Despite being a prevalent form of gender-based violence, marital rape is not explicitly recognized as a crime under Nigeria’s legal framework. This paper examines the need for the entrenchment of marital rape in Nigeria’s Criminal jurisprudence. Marital rape is rampant in Nigeria, just like any form of rape. Marital rape victims have experienced a lot of psychological trauma, depression, emotional imbalance; the experience has resulted in divorce, medical, physical and mental health to its victims. Unfortunately, marital rape victim is unable to report their victimization to the appropriate authorities, this is because there is no law criminalizing marital rape in Nigeria. This paper further looks at the historical review of marital rape exemption, the theories about the exemption and need to criminalize marital rape in harmony with other jurisdiction. The paper therefore recommended the imperatives steps towards protecting the rights and well- being of individuals within the institution of marriage and legal support for victims of gender-based violence.
Keywords: Jurisdiction, Nigeria, Rape, Women, sexual intercourse
A Contemporary Legal Overview of Party Switching of Elected Legislators of the National and State Assemblies Under the Nigerian Constitutional System (Published)
The 1999 Nigerian Fundamental law came into effect on May 29 1999. It provides that an elected legislator in the National and State Assemblies shall vacate his legislative seat if he switches from the sponsoring political party to another political party during his tenure in the legislative house, save on the ground of division or factionalisation in the sponsoring party. The Constitution is, nevertheless, mute on the issue, regarding political executives, including a governor. The relevant statutory provisions, that is sub-section (1)(g) of sections 68 and 109 of the Constitution above have been abused, as some Nigerian courts have utilised them to sack elected legislators above for party switching of the same during their tenure in the legislative houses despite their constitutional rights, including the equal protection of the law and not to be discriminated against right, as enunciated in section 42(1) of the Constitution above. The article undertakes a contemporary legal overview of party switching of elected legislators of the assemblies above against the backdrop of relevant case-law and statutory provisions. The research methodology used by the authors is fundamentally doctrinal analysis of relevant primary as well as secondary sources. The article finds that the sacking of elected legislators above by some Nigerian courts on account of party switching as indicated above is unconstitutional. The article suggests that Nigeria should expunge from its Constitution the said relevant statutory provisions in tune with what obtains in other countries such as the United States of America (USA), United Kingdom (UK), Canada and Australia.
Keywords: 1999 Nigerian constitution, Nigeria, legislator, party switching, political party
Economic Reform and The Development of Nigeria’s Power Sector, 2015-2020 (Published)
Nigeria’s successive governments have tried a variety of policy alternatives throughout the years to enhance the country’s power industry, but they have all failed due to substantial energy losses (both technical and non-technical), a lack of knowledge, and high operating costs. The present government found it difficult, if not impossible, to implement any meaningful changes in the power industry given this tendency. Consequently, the private sector must be involved in the growth of Nigeria’s electricity sector. In essence, the study looks at how Nigeria’s electricity sector would develop between 2015 and 2020 in the wake of economic reform. In order to arrive at the solution to the problem, the study relied on secondary sources of data collecting in addition to qualitative data analysis and documentary methods of data acquisition. The study found that the lack of competition among power distribution businesses was the cause of Nigeria’s ongoing poor access to power, using the crony capitalism theory as our analytical framework. Above all, the report advises the Nigerian Energy Regulatory Commission (NERC) to enforce its authority as a regulator by enforcing appropriate fines and consequences against individuals who transgress the laws, rules, and regulations governing the energy market.
Keywords: Development, Nigeria, Power Sector, economic reform
Party Politics, The Zoning Policy Paradox, And Consolidation of National Unity: An Assessment of the Two Major Political Parties in Nigeria (Published)
The word “Zoning” has dominated the present political struggle in Nigeria. To a reasonable degree, zoning has been omnipresent in the genesis of Nigeria’s politics right from the first Republic and influences the formation of government (both military and civilian), and has been a subject of debate amongst scholars. It is right to reaffirm that the intention of those who brought the idea of the zoning policy into Nigeria’s political space was to ensure fairness in the rotation of key political offices across the country, but the politics and contentions associated with the actual practice of it is something to worry about. This is due to the fact that Nigerian politics over the years have been played on the basis of ethnicity as zoning seems to be an arrangement made to favour a particular set of people, who by reason of numbers acclaimed to be the majority, as against those who are regarded as the minority. In fact, zoning has practically turned out to represent the interest of few elites, who want to perpetually remain in power, and it is also defined by them, against what the masses may consider zoning to be in the sense of justice and fairness. With the 2023 general elections in sight, the issue of zoning is once again central and, as usual, contentious. This paper is an attempt to interrogate the extent to which the zoning of political offices during electoral contests, appointments, and the distribution of amenities will help in sustaining national unity in Nigeria and help in harmonizing and actualizing party interest(s). Scholars have written extensively on the zoning arrangements in Nigeria, some have even gone as far as tracing its origin to the second republic, but one thing which has remained a gab in their efforts is their inability to capture appropriately how zoning can help keep the country together by not just stating or making mention of zoning, but applying it in spirit and in principle. In gathering data for the study, the paper made use of the secondary method of data collection, while the generated data was analyzed using content analysis. Using John Rawl’s Theory of Justice, the paper finds and exposes the marginalization in the undue application of the zoning policy in Nigeria. This is because political actors have always placed their personal and party interests above fairness and justice. In other to ensure political justice, and consolidate National unity in the country, the paper recommends that the interest of the diverse religion, languages, and tribes that make up the country should be considered always so as to overcome the feeling of marginalization and domination of one region over the other which is about to tear the country into pieces.
Keywords: National Unity., Nigeria, marginalization, political justice, political party, zoning policy
Understanding Disability and Disability Rights in Nigeria (Published)
This paper aimed at conceptualizing disability within the law, culture and society in Nigeria. It attempted to compare the definitions of disability and provide a unique definition of disability based on the Nigerian experience. This theoretical paper explored the types and models of disability and related it to the Nigerian society. It distinguished the Nigerian Discrimination Against Persons with Disabilities (Prohibition) Act 2018 from the United Nations Convention on the Rights of Persons with Disabilities (2006). While the CPRD is majorly a compilation and restatement of human rights found in other human rights document, the DAPPA, 2018 is an anti-discrimination Act for persons with disabilities. The paper captured the expected benefits of DAPPA on persons with disabilities in Nigeria. It recommended the appointment of members of the National Commission for Persons with Disabilities as provided in the Act as the will ensure the implementation of the Act to the later. It further recommends the enlightenment of persons with disabilities on their rights as contained in Act so they can identify violation of such rights and seek redress of their rights.
Citation: Adiela O.N.P. (2023) Understanding Disability and Disability Rights in Nigeria, Global Journal of Politics and Law Research, Vol.11, No.1, pp.40-51
Keywords: Nigeria, Society, disability, disability rights
The Role of Law in Tackling Corruption in Education (Published)
Education is a fundamental right of every citizen but corruption impedes the realization of this right because it makes access to education difficult. This paper brings together the roots of corruption in education, examines the underlying effects and showcases the role education itself and the law play in combating this menace. Recommendations are then made. It is note that strategies to prevent corruption in education should consider strengthening communication, education of civic values, respect for established criteria and rules for all issues in the education sector.
Citation: Damfebo Kieriseiye Derri and Josephine Nkeonye Egemonu (2022) The Role of Law in Tackling Corruption in Education, Global Journal of Politics and Law Research, Vol.10, No.7, pp.1-14
Keywords: Corruption, Education, Law, Nigeria, Role
Vol10, Issue 7, 2022 (Initial Evaluation)
Keywords: Corruption, Education, Law, Nigeria, Role
Sentencing Guidelines and Prison Congestion in Nigeria: Challenges and Prospects for Decongestion (Published)
This Paper examines the problems of absence of Sentencing Guidelines and Prison Congestion in Nigeria. It compares these in passing with the position in the United Kingdom. The Paper finds that the absence of Sentencing Guidelines does not encourage use of non-custodial options in sentencing but allows for uncoordinated exercise of judicial discretion in custodial sentences, which leads to prison congestion, disparity and uncertainty in penalties inflicted on prisoners convicted of same or similar offences. This is despite the efforts made in the Administration of Criminal Justice Act 2015 at providing scanty sentencing guidelines to solve the problem of uncoordinated sentencing. It concludes that comprehensive Sentencing Guidelines and Nigeria Sentencing Commission should be created to ensure adequate use of non-custodial sentences in deserving cases, uniformity and certainty in custodial sentences, and decongestion of correctional centres. The paper suggests solutions to bridge the gap, one of which is a recommendation that a penal law be enacted or existing ones amended to accommodate comprehensive Sentencing Guidelines and Sentencing Commission in Nigeria’s criminal justice system. Analytical, comparative, descriptive, doctrinal, and empirical research methods are used in collating and scientifically analysing relevant statutes, statutory instruments, reports, judicial authorities, learned articles and textbooks, and interviews. These are followed with conclusion and recommendations.
Citation: Festus Okpoto Agbo (2022) Sentencing Guidelines and Prison Congestion in Nigeria: Challenges and Prospects for Decongestion, Global Journal of Politics and Law Research, Vol.10, No.6, pp.27-42
Keywords: Congestion, Nigeria, decongestion, prisons, sentencing commission, sentencing guidelines