Nigeria

The Legal Challenges of Combating Oil Spillage in the Niger Delta Region of Nigeria (Published)

The Niger Delta region of Nigeria grapples with persistent challenges related to oil spillages posing significant environmental, social, and economical risks. Despite numerous efforts to address this issue, various legal hurdles impede the effective combating of oil spills in the region. The problem of this research, therefore, is, why is that oil spillage in the Niger Delta region of Nigeria has continued unabated despite the numerous legal and institutional frameworks put in place for combating oil spillages in the Niger Delta. The aim of this research then is to examine the legal challenges of combating oil spillages in the Niger Delta region of Nigeria. To achieve this, the researcher adopted the doctrinal research method. This method is the use of both primary and secondary resource materials in dealing with the subject matter under investigation. The researcher discovered that corruption and lack of transparency is one of the major reasons why oil spillage in the region continues unabated. It is therefore recommended that anti-corruption measures and enhanced transparency within regulatory agencies by adopting digital tracking systems for monitoring oil spill incidence should be established. This research has contributed to knowledge because it has affirmed that identification of jurisdictional complexities which impede the effectiveness of regulation and enforcement of oil activities in the Niger Delta region is a clog to the legal framework for combating oil spill in the region.

Keywords: Niger-Delta, Nigeria, Oil-spillage, legal challenges

Realization of the Rights of the Girl Child in Nigeria: Child Marriage in View (Published)

Child marriage is a human rights violation that prevents girls from obtaining an education, enjoying optimal haealth, maturing, and ultimately choosing their own life partners. Current studies reveal that Nigeria has one of the highest rates of child marriage in the world. The victims of this inhuman practice are girls. In Nigeria, the practice of child marriage is mostly found in the northern part of the country. In Nigeria, Child marriage is driven by weak legal sanctions against child-marriage, cultural beliefs and traditional practices, religious beliefs, socio-economic challenges, lack of education and empowerment of the girl-child. Child marriage has many effects on the girl child’s health such as increased risk for sexually transmitted diseases (STD), cervical cancer, death during childbirth, and obstetric fistulas. Child marriage also affects the psychological and mental health of the girl child. This paper discusses the factors that engender child marriage in the society, the effects of child marriage on the girl-child, and canvasses that a holistic approach must be taken to curb this menace of child marriage in Nigeria. This involves the law and socio-economic approaches to tackle child marriage.  The paper makes several recommendations to prevent child-marriage including, nation-wide adoption and enforcement of the Child Rights Act 2003, criminalization of  child marriage and punishment of perpetrators of child-marriage, awareness

Keywords: Girl Child, Nigeria, Rights, child marriage

The Concept of Environmental Justice in the Nigeria Legal System (Published)

Environmental justice is a progressively advancing subject, social movement and practice, which requires fair treatment and meaningful involvement of all humans, regardless of sex, age, class, income, race, colour or nationality. Environmental Justice is geared towards the development, management, implementation and enforcement of plans, policies, laws and regulatory practices, towards the protection and management of the environment in the course of socio-economic development programmes, including projects. It also requires equitable distribution of benefits and thus indiscriminate exposure of all to environmental good and harm. It is an advancing social movement that advocates a healthy and eco-balanced environment, towards human’s wellbeing, sustainable communities and all-embracing sustainable development in the overall interest of society within the Planet (Mother Earth). The aim of the study is to examine the effectiveness of environmental Justice in Nigeria, with the view to ascertain if justice is actually done to victims of environmental degradation in Nigeria. The study found that there is need for courts to give wider interpretation to existing relevant fundamental rights to secure a healthy environment. Flowing from the above finding, the study recommends that Section 20 of the 1999 Constitution of the Federal Republic of Nigeria should be amended to recognize the environment as legal personality with the citizens as its trustees. The study has shown that there should be an interdisciplinary collaboration among researchers, policymakers, activist and civil society organization, who will work on environmental justice issues in Nigeria in fostering dialogue, sharing best practices and mobilizing collective actions, thereby enabling victims of environmental hazards get justice they deserve.

Keywords: Environmental Justice, Legal, Nigeria, System

Comparative Analysis of Copyright Regimes in Nigeria, the United States of America and France (Published)

This paper deals with a comparative analysis of the copyright regimes Nigeria, the United States of America (U.S.) and France with a view to identifying impart areas from which to derive lessons. The United States is chosen because it is one of the most developed economies where the copyright industry has thoroughly developed to add to the country’s GDP. It has its copyrights roots in the common law, same as Nigeria. France is chosen because, it is a country which is also advanced in copyright development-the place of birth of the first international copyright treaty, the Berne Convention. This is added to the fact that France is a Civil law country and will offer interesting areas of comparison to the common law system.

Keywords: Comparative Analysis, France, Nigeria, United States of America, copyright regimes

Regulating Assisted Reproductive Technology in Nigeria: An Urgent Need (Published)

Infertility is now a common medical problem in Nigeria. Statistics reveal that the rate of infertility in Nigeria is 30 %.  Many couples and persons seeking to have children are finding it difficult, if not impossible. Thus there is a high resort to medical assistance in the form of Artificial Reproductive Technology (ART). Indeed, there has been a lot of development in ART and medical advances and inroads have been made in the field. No doubt, this has brought succour to many couples and persons seeking to become parents. However, the increase in the demand and use of ART has led to diverse uncensored and unregulated practices, abuse of medical procedure, reproduction tourism and baby factories. This raises a lot of ethical and legal issues like egg and sperm donation, the fate of unused gametes, providing ART services to Single Parents or Same sex parents, at present, there is no national law nor body regulating ART in Nigeria. This work, adopting a doctrinal approach, highlighted the Nigerian practice of ART and considered fundamental ethical and legal issues arising from the increased demand and use of ART in Nigeria and made recommendations on the effective regulation and practice of ART in Nigeria such as uniform national law, national ART regulating body, subsidizing the cost of ART services, among others.

 

Keywords: Infertility, Nigeria, children, reproductive technology

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