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
Non-Governmental Appraisal of the Frameworks for the Promotion and Protection of Human Rights in Nigeria (Published)
Non-governmental organization are key actors in human rights promotion and protection in Nigeria. As also key players in international human rights mechanisms and particularly the Universal Periodic Review (UPR) process of the Human Rights Council (HRC), non-governmental stakeholders in Nigeria have participated in the three UPR circles of Nigeria and submitted reports appraising the normative and institutional frameworks for the promotion and protection of human rights. As a creation of the HRC in 2006, the UPR is a peer mechanism to review, on a periodic basis, the human rights records of all Member States of the United Nations based on three distinct sources of information submitted to the HRC. One of such sources of information is the reports from non-governmental organization operating in Nigeria classified as ‘other reports’ and compiled by the United Nations Office of the High Commissioner for Human Rights. Focusing on the ‘other reports’ submitted to the HRC on the normative and institutional frameworks for the promotion and protection of human rights in Nigeria, this article which is descriptive in nature concludes that despite advances claimed in its national UPR reports by the Government of Nigeria, non-governmental stakeholders are still of the view that there are evidently several weaknesses in the normative and institutional frameworks for the promotion and protection of human rights in Nigeria.
Keywords: Civil Society, Human Rights, Nigeria, non-governmental, normative and institutional framework, universal periodic review
Incessant Kidnapping and Killings in Nigeria: Has The Country Returned To The State Of Nature? (Published)
The rate of insecurity in Nigeria does not only call for concern but raises a loud alarm that no one is safe. The unending occurrence of killing, banditry and kidnapping affect all regions of the country and fear grips the mind of citizens, both the rich and the poor. The government at various levels have tried making security policies, giving security a primary attention in the national budget, purchasing sophisticated ammunitions, reshuffling the rank and file in the army, creating regional security outfits and other proactive steps, yet insecurity in the country prevails by the day and government appears to be handicapped in taking charge of internal sovereignty of the country. The government has however, often times, being excused of liability, especially when the cause of death is not directly connected with any of the government’s agencies despite the primary purpose of government is the security and welfare of the citizens. It is in the light of this that the research aims at examining the sole responsibility of government in protecting citizens in the country, and the government’s corresponding liability in this regard. Relying on both primary and secondary of information, the article revealed the failure of the government to protect lives and properties within her territory makes the country drift into a state of nature. It is therefore concluded that citizens have entered a social contract for the sake of their safety and security, the government should henceforth be held responsible for further acts of killings and insecurity in the country.
Keywords: Nigeria, country, incessant kidnapping, killings, state of nature
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
Bar Associations as Watchdogs to National, African, Commonwealth and International Law/Arbitration: Analysis of the Legal Strength in Nigerian, African, Commonwealth and International Bar Associations’ Constitutions (Published)
The Bar as it relates to law depicts the profession of Barrister or a Lawyer in a higher court. To be called to the Bar means allowed to work as a qualified barrister. Association on the other hand is an official group of people who have joined together for a particular purpose. In Nigeria, the association of Lawyers is called Nigerian Bar Association (otherwise, called the NBA). In Africa, the association shall be known as the African Bar Association (otherwise, called AFBA), in the Commonwealth it is Lawyer’s Association otherwise called CLA. At the international level, the name of the corporation is the International Bar Association (otherwise, called the IBA). The Bar Association whether in Nigeria, Africa, Commonwealth or the world plays among other roles to promote the administration of justice under the rule of Law among Nigerians, Africans, Commonwealth and the people of the world. This Rule of Law is the Supremacy of regular as opposed to arbitrary power; the absence of any arbitrary power on the part of the government. Promotion of rule of Law is that a Lawyer is called to the Bar to discharge. Associations of these Lawyers otherwise called Bar Association have the promotion of rule of Law as one of their objects. This paper therefore is aimed to analyze how this association of Lawyers in Nigeria, Africa, Commonwealth and the world can compel their respective governments to operate within the ambit of the rule of Law, else, they may be compelled to take legal action in Court of Law for the promotion and protection of the principles of the rule of Law, to advance the science of jurisprudence and to promote in the execution of these objects the principles and aims of the United Nations in their legal aspects and to cooperate with and promote coordination among international judicial organizations having similar purpose. Recommendations were made to the effect that Nigerian and African Bar Associations should reform, emulate and develop their constitutions as the international Bar Association had done so that their objects will continue to compel their governments for more adherence to their legal and advisory portions in the affairs of their country or region so as to ensure Legal political and economic development within their jurisdictions.
Keywords: African, Bar Association, Commonwealth and International Bar Association and Constitutions, Legal strength, Nigeria, Watchdog
Energy Security, China’s Strategy: A Guide for Nigeria (Published)
Energy Security has returned to the top of the international agenda in ways not seen since the oil embargoes of the 1970s. Energy security has emerged as a major object of the energy policy agenda and policy makers have engaged in a wide ranging debate over how best to address future energy requirements. Industrial powers like the United States are willing to devote considerable military, political, diplomatic, and economic means to access energy resources around the world. But they are no longer alone in this endeavour. Increasingly, industrializing states like China and India are willing to devote comparable resources to secure sufficient energy supplies to sustain their fast growing economy. In this work – Energy Security, China’s Strategy: a Guide for Nigeria, using a secondary data in a qualitative analysis has undertaken a comprehensive review of Energy security, looking at the global quest for energy, China’s energy security strategy, energy security from Nigeria’s perspective and the examples that the strategy can provide for Nigeria. We have identified three key areas of china’s strategy which equally provides lessons for Nigeria i.e. China has a credible and an efficient energy policy in place, Self-reliance and self-sufficiency in oil and other resources which they took great pride in, that could take care of their domestic needs and establishment of strategic oil reserves.
Keywords: China, Nigeria, Policy, energy security, energy security strategy, security of supply.
Fiscal Federalism, Resource Control, and Restructuring in Nigeria: The Contending Issues (Published)
The dynamism and complexity of Nigeria’s fiscal federalism have occupied the front burner of academic and political discourse since the return to democratic rule. The discussion on Nigeria’s fiscal practice became necessary because it has created several crises threatening the continued existence and continuity of the Nigerian state. The desertion of true federalism in Nigeria has led to the neglect and marginalization of the Niger Delta region of Nigeria, where the country generates the bulk of its wealth through oil and gas exploration and exploitation. The Niger Delta region oil-producing states have been very vocal in their agitations for a fair share of the country’s wealth by the restructuring of the parameters for sharing and allocating the wealth of the nation located within their region. The agitations for resource control, it is believed, would make more resources available to the various states to ensure economic and social development. The protests have arisen for the reason that a more substantial portion of the nation’s wealth goes to the federal government at the detriment of the oil-producing states. The Nigerian federal government is yet to make any significant attempt to alter the status quo. No constitutional amendment is has been made to ensure the practice of true fiscal federalism in the country. This paper examined the debate and concept of fiscal federalism. It explores revenue allocation formula in Nigeria and the statutory role of revenue mobilization allocation and fiscal commission, the quest for resource control and Nigeria’s federalism, dimensions of resource control agitations by the Niger Delta region, and causes of the Niger Delta crisis. The paper concludes with some profound recommendations on the way forward.
Keywords: Fiscal federalism, Niger Delta Region, Nigeria, Restructuring, resource control, revenue allocation formula
Local Content Development in the Oil and Gas Industry in Nigeria: Problems and Prospects (Published)
In the past, the major players in the oil and gas industry in Nigeria were the international oil companies (IOCs). There was inadequate skilled workforce in the industry especially with respect to indigenous participation in the oil and gas projects. Consequently, the IOCs relied heavily on expatriates to carry out projects in the oil and gas industry in Nigeria which ordinarily would have been handled by Nigerians. In order to boost local participation in the oil and gas projects and create more employment opportunities for the locals, the federal government of Nigeria in 2010, enacted the Local Content Act in recognition of the inadequacy of the indigenous human capital development in the oil and gas industry in Nigeria. However, the Local Content development policy of the federal government is without some problems which have affected the effective and efficient implementation of the policy. This paper therefore, examines the local content development policy of the federal government, identifies its problems and prospects, and makes appropriate recommendations.
Keywords: Development, Industry, Nigeria, Oil and Gas, local content
Resolution of investment disputes through arbitration in Nigeria (Published)
States go into treatises in order to permit the nationals of one state to invest in another for mutual economic benefit and advancement. These treaties notwithstanding, disputes do come up as a result of the human tendencies and complexity of commerce. In Nigeria, certain statute such as law governing recognition and enforcement of arbitral agreement, law governing arbitration agreement, law governing substantive issues, law governing recognition and enforcement of award and the Arbitration and Conciliation Act, 1988 (ACA) and arbitration under Nigerian Investment Promotion Commission (NIPC) makes provision for arbitration in the amicable settlement of investment disputes. This study therefore reveals that for the aim of having a uniform framework for the settlement of investment disputes, the International Centre for Settlement of Investment Dispute (ICSID) was created. The study also reveals that some of the statute prescribe mandatory arbitration and as such negates agreement and party autonomy. The article recommends that the statutes be reformed to be in line with jurisprudence of arbitration.
Keywords: Arbitration, Nigeria, investment disputes, resolution
Population and Development in Nigeria: Contemporary Issues and Prospects (Published)
This paper x-rays contemporary legal issues and problems associated with population and development in Nigeria. A potpourri of materials namely: statutes, textbooks, journals, articles, reports, case laws, and internet materials have been consulted in the course of writing this paper. The paper states that several studies have revealed that the growth of any nation is basically centered on its developmental strides and policies. The relationship between population and development is very dynamic in nature. A country is regarded as being developed when the institutional framework, policies and structures are functional and effective. Over population affects the environment and in turn, hampers its developmental growth. The environment experiences crisis when its economic growth skyrockets its capacity limit. Developing countries like Nigeria and some other countries in the Sub-Saharan region face an uphill task in trying to manage their ever increasing populace. The paper also examined population policies in Nigeria and reveals a critical gap between population and development and calls for legal and institutional reforms that will bring about an effective enforcement of population and development policies in Nigeria.
Keywords: Development, Issues, Nigeria, Population, Prospects