The Nigerian Juridical Review is an international law journal published by the Faculty of Law, University of Nigeria, Enugu Campus. It is one of the oldest law journals in Nigeria. The journal publishes peer-reviewed scholarly articles in diverse areas of law, domestic and international. It provides a forum for legal scholars and jurists to publish their research findings on contemporary legal issues including review of laws and development in the legal landscapes that have national, regional and international impact.
Faculty of Law, University of Nigeria, Enugu Campus
Risk-Based Supervision and Digital Banking Stability under the Banking and Other Financial Institutions Act (BOFIA) 2020
The advent of digital banking in Nigeria has revolutionised the banking sector. Its unique characteristics of new technologies, product innovations, size and speed of financial transactions have changed the nature of the banking sector. The dependence on technology and data intensity has, in the same way, introduced new risks like the cyber security risk and data protection and privacy risk. The Banks and Other Financial Institutions Act (Bofia) 2020 is the principal legislation governing and regulating banks in Nigeria, including digital banks. This paper evaluated Risk-Based Supervision and Digital Banking stability under (Bofia) 2020 and finds that the Nigeria’s prudential framework is not proportional to the risk intensity of digital banks. A sustainable banking regulation is necessary for stable digital banking in Nigeria. A doctrinal approach of research is adopted by examining statutes and existing literature on the topic. This paper recommends an amendment of (Bofia) 2020 to include tiered prudential guidelines for digital banks based on their risk intensity. This paper also recommends that the capital adequacy ratio and liquidity ratio of digital banks should reflect the risk inherent in their operation. An upgraded technology and cyber risk supervision is recommended, as digital banks are highly exposed to cyber threats.
Copyright (c) 2025 ©Faculty of Law, University of Nigeria, Enugu Campus
Nigeria’s Critical Minerals Sector and International Legal Limits of Local Content Design
Nigeria is resourcefully blessed with critical minerals, and their economic importance has skyrocketed due to the global energy transition. Nigerian policymakers have looked to the NCDMB's oil and gas model for inspiration, but no equivalent statutory framework yet governs local content in mining. Yet these measures operate within binding international constraints. The WTO Agreement on Trade-Related Investment Measures (TRIMs) and Nigeria's bilateral investment treaties, particularly their fair and equitable treatment clauses, limit how localisation may be pursued without exposing the state to dispute settlement. This article asks how Nigeria can structure local content measures in its critical minerals sector to advance domestic participation while remaining consistent with international trade and investment law. It argues that treaty exposure is primarily a function of legal design rather than policy intent. States pursuing localisation through legally vulnerable instruments invite disputes, while those embedding participation obligations within coherent regulatory frameworks achieve more durable outcomes. Using Chile's lithium governance as a case study, the article demonstrates that legal design significantly influences durability. It recommends a legal framework built around four principles: strategic mineral classification, measurability, phased capacity-linked obligations, and legal embedding within domestic law.
Impacts of Climate Change on Food Security and Sustainability in Nigeria – A Legal Discourse
The saying ‘Man must Whack’ is not just a mere saying but a factual slogan. Man depends on food for survival and climate change exacerbated by man’s activities, has been found to be a contributory factor to hampering food production. Climate change has ravaged several spheres of the nation’s economy, specifically the agricultural sector. It has led to food insecurity and environmental degradation in the country. The aim of this research is to proffer suggestions on climate change control and mitigation through sustainable practices, precautionary measures and the instrumentality of the laws as a means of securing food production in Nigeria. The doctrinal method of research is employed with resort to secondary and primary sources, as well as sampling for elaboration. This paper finds that for environmental sustainability and agro-ecology to be achieved, practices on the environment must be eco-friendly, and earth preservation conscious measures such as banning chemicals that precipitate climate change should be adopted. Persons who disobey the prohibition against the use of harmful chemicals, should be treated with iron gloves. Promoting agro-ecology, tackling climate change, and environmental sustainability should be the focus. It is therefore recommended, that to ensure social, economic and environmental quality, while providing food for the teeming population resort should be made to the laws in addressing the problems of climate change which is the major confronting challenge. In conclusion, resource conservation, adaptation strategies, optimizing climate smart agricultural practices and implementation of climate change laws will be necessary.
Copyright (c) 2026 ©Faculty of Law, University of Nigeria, Enugu Campus
Trade and Investment Law as Catalysts for Economic Growth and National Development in Nigeria
Trade and investment are pivotal drivers of economic growth in any nation. The hallmark of a country’s development is measured by the gross domestic product (GDP), thus affects the country's national development. In modern times, commercial activities or trade and investment have taken several dimensions, particularly with the advent of Electronic Commerce models, which have made business more accessible and robust. Trade agreements such as free trade agreements (FTA) and regional trade agreements (RFA) are instrumental in reducing trade barriers and promoting economic growth. Through foreign direct investment, cross-border trade, and agreements, countries have led to sustained growth of countries. Recourse is further made by analysing and appreciating the result of trade and investment and its consequent interrelationship with selected countries of the world as points of reference. China in the international market has made inroads in the world in recent times, especially in Africa. International trade favours the more advanced countries based on their technological know-how. Most developing countries export more of primary products. Nigeria, as a developing nation, is a key player in international trade, with its primary income coming from crude oil exports. Despite its abundant resources, the impact on the lives of its citizens has been limited. This can be attributed to Nigeria’s challenging economic environment, characterized by political instability, poor government policies, and inadequate implementation of existing laws. The paper offers recommendations for policymakers and legal practitioners to enhance the role of trade and investment law in promoting national development. It emphasizes the need for greater transparency, inclusivity, and flexibility in trade and investment agreements to ensure they effectively support economic growth and development goals.
Essential Service Notion and its Legal Implications under Nigerian Labour Law
The essential services provision of the Trade Dispute Act 2004 appears to have restricted the ability of Nigerian workers to exercise fundamental rights pertaining to work-related issues, including freedom of expression and freedom of association. Consequently, Nigerian workers appear to have become susceptible to the whims and caprices of their employers, thereby infringing upon specific fundamental rights. This paper undertakes a critical examination of the notion of essential services as it pertains to labour law in Nigeria. In doing so, it questions underlying assumptions and investigates the legal ramifications, delineating intricate aspects and possible drawbacks. The paper contends, through the use of a doctrinal design, that the existing categorisation of essential services might be excessively general and susceptible to abuse. Although this designation is meant to protect the public interest, it frequently results in limitations on workers' rights, such as the right to engage in strikes and the balance of power between employers and employees. By analysing Nigerian legislation and labour laws in other pertinent jurisdictions through the lens of the Nigerian Labour Act and other pertinent provisions, the primary objective is to disprove the concept of essential service. In its conclusion, the paper recommends that policymakers consider implementing a more all-encompassing legal structure that protects the fundamental rights of employees and promotes enhanced reciprocal rights between employees and employers. Through legal reforms and dialogue, it is possible to achieve a more just and equitable balance between the needs of essential services and the rights of workers in Nigeria and beyond.
Evaluating the Economic Dynamics of the Nigerian Trademarks Regime
Adequate Trade Mark regime will contribute to Nigerian economic renaissance. A robust Trademark regime will discourage infringement of trademarks thus providing benefits to trademark owners in the form of economic rights thus helping in improving the economic dynamics of the Nigerian depressed economy. Nigeria is having financial turmoil. Creators need to control and make use of their marks to obtain an appropriate economic reward. The objective of this paper is to evaluate the economic dynamics of Nigerian Trademark in Nigeria's depressed economy. This paper adopted a doctrinal methodology because it has the potential to help in achieving the objective of this research. In tandem with the objective of this research, the paper found that the Nigerian Trade Mark needs to be repealed. The provisions of the Act are inadequate and insufficient to protect trademarks in the digital space. Criminalization alone is not a viable solution to stopping Trademark infringement. The paper found that the Nigerian Trademark because of the economic depression in Nigeria should only protect types of trademarks with real effects in commerce that go beyond merely generating income for the Trademark Registry. Thus, apart from regular trademarks, the Act should focus more on Collective trademarks, Well-known marks, and Certiﬁcation Marks. The paper recommends that the National Assembly should amend the Trade Mark Act to make the Act more effective and to make Nigeria an economic destination for foreign trademark proprietors.
Improving Nigeria’s Poor Health Indices: What Role for the Law?
Health is a fundamental driver of economic growth and development and is believed, along with education, to be an important factor for human capital development and the basis of an individual’s economic productivity and poverty reduction. Because of this prime position occupied by health in the life of man, international governmental and non-governmental organizations periodically assess the performance of states in the area of health care provision for their citizens. Nigeria has consistently posted abysmally poor indices in these periodic evaluations. This paper seeks to find out whether and how the law can change this narrative and reverse the unenviable trend. Adopting the doctrinal method of research, the paper critically analyzes the major legal frameworks on health in Nigeria. It finds that, though Nigeria has laws that can help her improve on her performance in the area of health care, certain in-built clogs in these laws as well as extra-legal operational problems may make this difficult, if not outrightly impossible, unless they are adequately addressed.
Analysis of Trust in the Administration of Land in Nigeria
Communal ownership of land is one of the fundamental principles of customary land law in Nigeria. Under customary law, the communal land is held and managed by the head on behalf of the members, and no member has right to alienate a part of the land without the consent of the head. Unfortunately, the problem of insecurity of customary land title has become perennial despite the enactment of the Land Use Act, 1978. This article therefore, analysed the application of trust in the administration of customary land in Nigeria, and also utilised the doctrinal research methodology to address the challenges posed by insecurity of communal land ownership. The article found that it is rarely difficult for the community to alienate a part of the communal land which belongs to entire members of the community. More so, the rule that alienation of land by community head is subject to the concurrence of principal members has caused untold hardship and injustice to innocent purchasers of community land even though the rule is no longer suitable and effective for the administration of communal land so as to guarantee security to title to land. Thus, it is recommended that the rule governing alienation of communal land should be jettisoned, and trustee(s) of the village or community be appointed or constituted in accordance with the provisions of Companies and Allied Matters Act to administer the communal property with power to alienate the communal land or portion of it on behalf of the community.
Consumer Complaints and Defamation Liability in Nigeria: Balancing Free Speech and Reputation Protection Towards National Development
Consumer complaints are essential for maintaining transparency, accountability, and safeguarding consumer rights in Nigeria's marketplace. However, the exercise of free speech in the form of consumer feedback can sometimes intersect with defamation liability, posing challenges for both consumers and businesses. This paper analyses the intricate balance between free speech and reputation protection in the context of consumer complaints and investigates its implications for national development in Nigeria. Adopting the doctrinal research design, this paper examines Nigeria's legal framework regulating consumer complaints and defamation liability. Furthermore, the paper discusses the potential effect of defamation liability on consumer confidence, business reputation, and market dynamics. It considers the challenges consumers face in expressing complaints and opinions freely without fear of legal repercussions, as well as the responsibilities of businesses in managing their online reputation and responding to consumer feedback constructively. It focuses on the tension between protecting free speech rights and safeguarding the reputational interests of the producer. In light of these considerations, the paper proposes policy recommendations and legal reforms aimed at striking a balance between free speech and reputation protection in Nigeria. It advocates for the development of clearer guidelines for distinguishing between legitimate consumer complaints and defamatory statements, as well as the promotion of alternative dispute resolution mechanisms to resolve consumer grievances efficiently. This paper recommends maintaining a harmonious equilibrium between the rights of consumers to voice their grievances and the reputational concerns of firms and advocates for an innovative strategy in dealing with the potential hazards of defamation in consumer feedback. Ultimately, the paper argues that achieving a harmonious balance between free speech and reputation protection is essential for fostering consumer trust, promoting business accountability, and advancing national development goals in Nigeria's dynamic marketplace.
Investigating the Moral and Legal Conundrum of Juggling Human Rights With Human Life in the Nigerian Medicare and Medicaid Services
In modern healthcare administration, the connection between preserving human life and protecting human rights creates a difficult ethical quandary. The idea of beneficence highlights healthcare practitioners' responsibility to prioritise efforts that promote well-being and life preservation. This notion is typically visible in decisions regarding blood transfusions, triage measures, and end-of-life care. However, this pragmatic approach can also clash with the ideas of self-governance and fairness, particularly when it results in unequal access to medical treatment or affects individual liberty. The ideals of autonomy highlight the importance of protecting patients' rights to make their own decisions and guaranteeing equitable access to healthcare services. Patients have the right to make well-informed decisions about their own medical care, even if those decisions do not align with the primary goal of maximum life preservation. When health treatment conflicts with religious convictions, Africans choose their religion over their own lives. Most patients do not consider the people who may be impacted by their actions, including children, parents, and dependents. It is then necessary to safeguard dependents by establishing paternalism as a legal exception to autonomy. Using doctrinal research methods, this study investigates the complicated ethical terrain where the need to preserve lives frequently conflicts with the need to respect individual autonomy and dignity. This study looks into the difficulties that arise when dealing with competing priorities. This study suggests that the Nigerian legal and healthcare systems should be modified to make paternalism a statutory exception to autonomy.
Potentials of Socioeconomic Rights Implementation in Mitigating Insecurity in Nigeria
Nigeria’s Constitution proclaims the security and welfare of the people as the primary purpose of government. However, the acute conditions of insecurity and poverty afflicting the country hollow this proclamation. This analytical study employs a discursive research design to examine the potential of implementing socioeconomic rights in mitigating Nigeria’s security challenges. The study finds a correlation between the implementation of socioeconomic rights and the quest for security in Nigeria. It also finds that socioeconomic rights implementation is essential for the existence, legitimacy, and stability of the Nigerian state. Accordingly, the study offers suggestions on socioeconomic rights implementation strategies that Nigeria can adopt towards a more secure and prosperous state. The study concludes that implementing socioeconomic rights doubles as both the means and end of attaining both human and national security, and that so doing is as beneficial to the people as it is to the state.
Rights of the Internally Displaced Persons (IDPs) in the Northeast Nigeria: Review of the Legal Framework
Boko Haram insurgency has given Nigeria a chequered history of the incidence of internally displaced persons (IDPs). The 2014 United Nations report on the population of IDPs across the globe stands at 60,000,000, of which 2,100,000 are estimated to have been displaced by the menace of the Boko Haram insurgency in Northeast Nigeria. The violent attacks and deliberate destruction of homes and properties in the Northeast Nigeria gave birth to the saga of IDPs in the country. The IDPs, being persons with special status as a result of their displacements from their usual abodes, shifted attention to the peculiarity of the rights available for their circumstances apart from the generally guaranteed fundamental human rights. Several reports had it that the same IDPs have been subjected to a series of abuses in the form of violations of their rights. This thus prompted this paper to investigate the rights of the IDPs from the available legal framework. The paper, while adopting the doctrinal method of legal research and study, examines the adequacy or otherwise of the available legal framework for the rights of the IDPs from the international stage through the regional stage and down to what is nationally obtainable in Nigeria as a country. The paper exposes the relevant challenges and inadequacies in the legal framework amidst a lack of full-fledged domesticated laws on IDPs’ rights in the country. The paper found that the biggest challenge to the implementation of IDPs’ rights in Nigeria lies in the lack of a robust legislation to specifically cater for the IDPs. The paper thus recommends domestication and religious implementation of the relevant international and regional instruments on IDPs’ rights by the Nigerian government.
International and Regional Frameworks on the Rights of Internally Displaced Persons
Copyright (c) 2023 ©Faculty of Law, University of Nigeria, Enugu Campus
DIFFERENTIATED CRIMINALIZATION AND PENALIZATION OF HOMICIDE AND ECOCIDE: A MOCKERY OF THE ATTAINMENT OF THE SDGs IN THE GLOBAL SOUTH
It is five years to the end of the Sustainable Development Goals. Many efforts have been made by different countries to ensure that the goals are achieved and that the impact of these achievements is felt in their respective domains. Unfortunately, many countries, especially those in the Global South, have not made measurable progress in achieving their goals, nor has the impact been felt, especially with respect to the environment. Although most goals are targeted at making the Earth sustainably safe, unfortunately, due to a lack of intentionality on the part of policymakers in most developing nations, the requisite political will has not been deployed towards the protection of the environment as has been deployed in other sectors, especially the protection of human lives. Most nations are intentional about protecting human lives but apathetic about protecting the human environment. Using the doctrinal research design, this paper seeks to compare efforts made by developing nations towards the preservation of human life and the preservation of the environment. This study finds that the selective punitive sanctions channelled towards the protection of human lives on one hand and the environment on the other hand will result in retrogressive progress towards the attainment of the goals. It thus recommended that countries should treat ecocide and homicide as the same, both in efforts and in sanctions, since ecocide, which is the destruction of the environment, would eventually lead to homicide, which is the destruction of human lives.
The Role of Technology in Enhancing Corporate Governance Practices in Nigeria: Challenges and Prospects
Corporate governance is fundamental to ensuring transparency, accountability, and efficiency in corporate operations, particularly in Nigeria. Despite the existence of robust legal and regulatory frameworks, corporate governance challenges persist due to corruption, weak enforcement mechanisms, and infrastructural deficiencies. The integration of technology presents significant opportunities to strengthen corporate governance practices. Technological advancements such as blockchain, Artificial Intelligence (AI), digital reporting systems, cybersecurity measures, and virtual meeting platforms enhance compliance, decision-making, and stakeholder engagement. These innovations improve financial transparency, mitigate fraud, and facilitate regulatory adherence. However, the implementation of technology in governance faces challenges, including infrastructural deficits, high adoption costs, cybersecurity threats, and regulatory gaps. By embracing digital transformation, Nigeria can foster sustainable economic growth and improve corporate governance efficiency in an increasingly digital corporate environment.
Corporate Governance; Technology; Transparency; Cybersecurity; Policy Reforms
BEYOND SECTION 214: UNLOCKING STATE POLICE POWERS UNDER THE NIGERIAN CONSTITUTION
The intractable insecurity in Nigeria has reignited debates on whether states can constitutionally establish their own policing apparatuses. The conventional view, anchored in a literal reading of section 214 of the Nigerian Constitution (CFRN) and Item 45 of the Exclusive Legislative List, insists that police powers belong exclusively to the federal government. This paper challenges that orthodoxy. Using doctrinal analysis, the paper draws on the implicit constitutional distinction between police force and state policing. The paper draws on the residual legislative competence of states under section 4(7)(a) and – most critically – the state competence to regulate private defence of persons or property in section 33(2)(a). We argue that the Constitution contains a fully articulated framework for state-level policing. Section 33(2)(a) is not merely a fundamental rights proviso; it imposes a constitutional legislative obligation on the states to permit the use of reasonable force for private defence of persons or property. That obligation is specifically fundamental; thus, it cannot be pre-empted by federal legislation, including the Nigeria Police Act or the Firearms Act. We further demonstrate that private security mechanisms fall within the residual powers of states. Federal governments' attempts to regulate them are unconstitutional. The paper, for states still clamouring for a constitutional amendment to establish a 'State Police Force', offers practical pathways to operationalise state policing under existing constitutional provisions rather than waiting for such an amendment. The current monolithic policing structure, the paper concludes, is not only unconstitutional but also incapable of addressing Nigeria’s diverse security challenges.
Examining the Right to Health amid the COVID-19 Pandemic in the Light of the Federal Competition and Consumer Protection (FCCP) Act, 2018
The right to ‘health’ which is said to be ‘a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity’ is among the fundamental rights of every human person. This right is so inclusive that it encompasses not just appropriate and affordable health care but every other determinant of health such as adequate nutrition, safe and potable water, sanitation, and health-related education and information. Recently, the world was jolted by the outbreak of a viral infection ‘COVID-19’ which first appeared in Wuhan, China in December 2019. Declaring the disease a pandemic as a result of the alarming rate of spread and mortality, the World Health Organisation (WHO) urged nations to take aggressive steps to contain the disease. Measures taken include lockdown, prohibition of mass gatherings, social distancing and isolation, the use of face masks, hand sanitizers, disinfectants, latex gloves, and the rest of them. All over the world including Nigeria prices of goods and services skyrocketed overnight as business undertakings, through obnoxious trade practices priced goods and services out of reach of the average consumer thereby impugning his right to health. This is contrary to the provisions of the FCCP Act. This paper interrogates the response of the Act and the body created by it to the situation to ascertain the adequacy or otherwise of both as consumer protection instruments. The methodology this paper employs is the doctrinal methodology with the comparative approach.
Through the Backdoor, Dressed in Borrowed Robes: The Use of Power of Attorney for the Transfer of Interest in Land in Nigeria
Whether a power of attorney qualifies as an instrument for the transfer of interest in land in Nigeria, thereby necessitating the consent of the Governor before any such transfer, has become a thorny issue. Attempts to proffer an authentic answer to this question have sharply polarized scholars and stakeholders. This article is of the view that a power of attorney, by its nature, does not have the legal capacity to be used in transferring interests in land and posits that the current practice whereby documents of actual conveyance are masked as powers of attorney in order to escape the statutory requirement for governor’s consent before alienation of interest in land amounts to gaining entrance into a premises through the back door, dressed in borrowed robes.
Child Rights Act 2003 and the Protection of Children against Trafficking
Human trafficking is a horrendous criminal activity with unfathomable dimensions. Whether for children or adults, it is a gross violation of human rights. It is a modern form of slavery and indeed deprives the trafficked of their human rights, particularly fundamental freedom. Every country in the world is faced with this challenge of human trafficking, though the scale may be higher in some countries than in others. All efforts at the international, regional, and national levels have not been so fruitful. Unfortunately, women and children are the most trafficked, and they suffer all forms of exploitation, including sexual exploitation, child labour, street hawking, domestic service, and street begging, among others. This article examines this global menace of child trafficking, particularly in Nigeria, and the protection accorded such children under the Nigerian Child Rights Act 2003, which is a Nigerian legislation enacted to tackle issues dealing specifically and comprehensively with child rights, such as child trafficking. The doctrinal method is adopted, and information is obtained from primary and secondary sources. The article found that despite the efforts made in Nigeria, which include the elaborate provisions in the CRA to protect the child and to tackle this teething problem, child trafficking, whether offline or online, is still very rife and constitutes a severe problem in Nigeria, just as in other parts of the globe. It also found that the CRA, which has various implementation challenges, has done little or nothing to bring about positive change in that direction. However, the article concludes that efforts must first be made to ensure that all the States in Nigeria adopt the CRA, while those that have adopted the Act should bring traffickers to book based on the provisions of the Act.
Regulation of Merger of Associations in Nigeria
A notable provision in the Companies and Allied Matters Act (CAMA) 2020 is the merger of associations. Section 849 provides that 'Two or more associations with similar aims and objects may merge under terms and conditions as the Commission may prescribe by regulation.' This novel provision sets the wheels in motion for the merger of associations under Nigerian law. Curiously, the procedure for merger of associations pursuant to section 849 appears not to cut the mustard, as it is particularly silent on certain key issues such as the content of the scheme of merger, treatment of liabilities, and rights of dissenting members; these issues being features of mergers of companies. The paper examines the procedure for merger of associations under the CAMA 2020, comparing same with the procedures for similar mergers in the UK and South Africa respectively. The paper, among other things, recommends that the procedure for merger of associations in Nigeria be modified to address the essential elements which it omitted so as to promote due diligence and best practices, ensure fairness of the scheme of merger, and hold trustees liable for their actions.
Copyright (c) 2024 ©Faculty of Law, University of Nigeria, Enugu Campus
Digital Divide as a Clog in the Wheel of Digital Economy: What Options for Nigeria?
The rise of the digital economy, fuelled by technological innovations and digitalisation, has revolutionised every aspect of society and the economy. Unfortunately, the digital divide in Nigeria is hindering many citizens from participating in this new economy due to a lack of access to digital resources. To address this issue, this paper employs the doctrinal research methodology to provide a comprehensive overview of the digital economy. The paper evaluates the extent of the country's digital divide and identifies the factors contributing to its widening. It analyses the current legal and policy frameworks to bridge this gap. Ultimately, the paper recommends greater investment in telecommunication and electrical infrastructure, improving data availability and affordability, connection quality, and allocating more resources to digital education to encourage the development of locally relevant content and applications in languages. It concludes that bridging that divide will require targeted regulatory and policy initiatives recommended herein.
Judicial Reforms and the Imperative for True Fiscal Federalism in Nigeria
Fiscal federalism is all about adequate financial provisions and autonomy to component units of a Federal State. It is an arrangement whereby revenue sources and allocations are shared amongst the three tiers of Governments in such a way that each of the level exists independently with enough resources and allocations to function as a Government properly. By the combined readings of Sections 81(3), 84(1) (7), 121(3), 124(1), 162(9) of the Constitution of the Federal Republic of Nigeria 1999, show that finances meant for the judicature is controlled by the Federal Government which bears down negatively on the functions of the judicature. The aim of this paper is to examine the need for judicial reforms in Nigeria which will bear on the quality of justice delivery in the country. It seeks to examine the present constitutional provisions on fiscal matters and how it affect judicial reform in Nigeria. The article delved into the legal framework to bring to the fore the necessity to put in place true fiscal federalism in the judiciary in order to have effective judicial reforms. It adopted the doctrinal method of research and used primary and secondary sources such as the Constitution, relevant statutes, case law, textbooks and articles in journal. Findings from the study revealed inter-alia that the Judiciary has been starved of funds thus making it unable to make the much needed impact. The implication of these findings is that without quality fiscal federalism to the judiciary in Nigeria the much clamour for reforms will continue to be a mirage. The paper recommended inter-alia that the provisions of Executive Order No 10 2020 should be inserted in the Constitution so as to protect the finances of the Federal and State Courts.
Reexamining the Effect of Principles of Judicial Non-Interference and Kompetenz-Kompetenz on the Jurisdiction of Courts in Nigeria
Even though the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention) does not provide a universal standard on the authority of the arbitral tribunal to determine its jurisdiction, otherwise known as kompetenz-kompetenz, the Convention nevertheless does not permit national courts to review arbitral jurisdictional determination. Using the Nigerian Arbitration and Conciliation Act 2004 (ACA) and the new Arbitration and Mediation Act 2023 (AMA) as a starting point, this article investigates the effect of the principle of judicial non-interference within the context of the principle of kompetenz-kompetenz under the antecedent and the new legislation. From a doctrinal point of view, it discusses how the jurisdiction of the court in Nigeria can be ousted by specific provisions in a statute and thus rationalizes the combined effect of principles of judicial non-interference and kompetenz-kompetenz under the Nigerian statute(s) unlike in other national arbitration law. The article specifically finds that the effect of these principles is to oust the jurisdiction of the court from reviewing the arbitral jurisdictional ruling and this has a basis under the Convention, the arbitration legislation, and decisional laws in Nigeria. This serves practical ends. It fills the gap in scholarship and also provides doctrinal leadership that is regrettably lacking in case law in Nigeria. It also creates awareness of the efficiency and finality effect of arbitration seated in Nigeria. This, as a matter of course, is the reason why international businessmen prefer arbitration to litigation.
Private international law - Conflict of laws
The Epidemic of Torture and the Mendacity of the Nigerian Torture Act, 2017
The prevalence of torture, cruel, and other inhuman and degrading treatment on crime suspects in Nigeria and around the globe is alarming and gradually returning humanity to a barbaric state. It is an affront to the dignity of the human person, truncating several international and domestic laws against torture. Nigeria ratified and domesticated the United Nations Treaty against Torture in 2001. Recently, the Nigerian government enacted the Anti-Torture Act 2017, prohibiting torture as a means of extracting information from suspects. It is petrifying that notwithstanding international and domestic laws against torture, the Nigerian government, its security operatives, and other security outfits are brazenly basking in the ugly culture of perpetrating various acts of torture on citizens. This article aims to showcase the government and its security agents as central and major actors in the effective prohibition and prevention of torture in Nigeria. The objective is to bring to the limelight the futility of international conventions on torture and the Act 2017 without implementation and government cooperation. The research adopts doctrinal designs using an analytical approach. This article opines that there is a need for government and security agents’ collaboration in the effort to curb the reign of torture in Nigeria. Our finding is that without a committed resolve by government and security actors to stop the use of torture as a crime-solving tool in Nigeria, the Anti Torture Act 2017 will remain a façade and there may be no end to torture and violation of the rights of suspects in Nigeria.
Comparative Advertising and Trademarks Infringement in Nigeria
Comparative advertising is a business strategy and is legalized in some jurisdictions provided it complies with honest business practices and unfair competition laws. However in Nigeria, the Trademarks Act clearly authorises only the trademark owner to the use of his mark, the Act distinguishes between registration in Parts A and B and declares it an infringement of marks registered in Part A to be used in comparative advertising. Considering the role of advertising in economic development and growth of businesses, the right of the consumer to make informed decisions based on availability and access to information, therefore a strict interpretation of the provision of Trademarks Act that relates to comparative advertising will be both restrictive and a hindrance. This article is a critical analysis of the extant laws on comparative advertising and trademark infringement in Nigeria. It reviews the position of the law on comparative advertising under the Nigerian Trademarks Act and questions whether the extant provision of the law is too rigid in that regard. In view of other statutory provisions that access fairness and honest commercial practices, it is recommended that comparative advertising would be better accessed on those standards and not strictly declared an infringement as provided under the Act. It concludes that there is a need to review the Act to permit comparative advertising and allow fair and honest competition practices for the benefit of every party. This will also align the Act to international best practices that has been adopted in other jurisdictions.
Inclusion of Individuals as Subjects of International Law
The classical notion of international law as a body of laws or rules that regulate the relations of States inter se is no longer sustainable. This paper is an attempt to appraise the inclusion of individuals as subjects of international law. It uses the doctrinal methodology. It makes the claim that the activities of individuals attract international judicial notice and produce certain consequences. Individuals now have rights and obligations under international law. As incumbents of rights under international law, individuals have some procedural capacity to protect these rights. Again as rights are corollary of duties, individuals could be held accountable before international courts when they are in default as regards their international obligations. Thus, officials of the State can no longer find shelter in the rubric of State capacity or official capacity to occasion gross violations of human rights and fundamental freedoms.
Impact of Climate Change Regime in Maintaining Internal Security in Nigeria
Scientific and empirical data in the last three decades confirm the climate change phenomenon on human and natural systems. One of such impacts is drought which cause natural resource scarcity, hence agro-conflict in Nigeria. This Paper aims to examine the effectiveness of the climate change regime in maintaining internal security in Nigeria. The method adopted is the doctrinal approach which is based on both primary and `secondary sources of data collection. The primary source includes statutes while the secondary sources include text books, journal articles, internet materials and lecture notes. Findings reveal that although climate change does not fit into the mode of traditional threats to national security, such as war, terrorism and insurgency, its non-violent and gradual manifestation tend to disguise its impact on the civic, political and socio-economic lives of the citizenry. Findings further reveal that climate change polices and sustainable internal security is central and complimentary of each other, as a result, the Nigerian State must work towards both. As adoption, awareness and implementation of climate polices could reduce insecurity to modest levels in the country. Findings also reveal that the Nigerian State appears to have effective climate change regime to deal with security issues, but the problem boils down to enforcement of the regimes. This, in so many ways, has affected the capacity of the security agencies to maintain law and order in the country. It is recommended that solutions cannot be attained through force alone but by strict implementation of the Climate Agreements.
Climate change regulation, internal security, sustainable development, law enforcement, Nigeria
Copyright (c) 2022 ©Faculty of Law, University of Nigeria, Enugu Campus
Contextualizing Paediatric Euthanasia within the Framework of Children’s Right
Given the universal recognition of the sanctity of human life and the robust protection of fundamental right to life as the most important and foundation of all rights, euthanasia poses considerable legal, moral and ethical challenges. These challenges become more dire and profound with respect to paediatric euthanasia. The article aims at providing insight into the complex legal and ethical challenges which euthanasia especially paediatric euthanasia engenders and explores the import of autonomy rights granted under the rubric of the Child Rights Convention in ameliorating the challenges. This is achieved by examining the meaning and nature of euthanasia, categories and arguments in favour and against euthanasia generally and in particular paediatric euthanasia and the competency of a child in taking end of life decisions. The articles analysis some of the provisions of the Belgian and Netherlands euthanasia laws. The paper believes that given the gravity associated with the decision to request euthanasia and the finality of such a decision, children, especially younger children, should be offered intensive palliative care and be precluded from requesting euthanasia.
Adopting the Election Petition Model as a Means of Fast Tracking Justice Delivery in the Regular Court System in Nigeria: Problems and Prospects
It is a truism that sound and credible elections are a sine qua non for sustainable democracy. The citizens in a society do not only desire a credible system for the selection of their leaders, but also seek functional and unbiased institutional processes to settle election matters. Consequently, election petition remains a viable and reorganized alternative open to any person or party dissatisfied with the conduct of an election to ventilate his or her grievances. Over the years, litigants/petitioners have continued to patronize the election petition tribunals/courts with minimal or no success as most of the petitions ended up being thrown out for non-compliance with the applicable electoral legislations or technicalities. Consequently, this paper analyses the current election petition model in Nigeria with a view to highlighting practices that may be adapted to the regular court process to improve speedy dispensation of justice. The paper adopts a doctrinal methodology which undertakes a comparative study of Nigeria and other relevant foreign jurisdictions. The paper analyses the procedural and institutional aspects of the election petition system viz-a-viz the court system in Nigeria and further examines the practice in other foreign jurisdictions with an attempt to identify norms and practices that can be adopted to strengthen the election petition model in Nigeria.
COVID-19 Crisis, Wildlife Trafficking and Environmental Governance in Nigeria
Illegal wildlife trade and wildlife trafficking are global environmental risks which is underscored not just by its convergence with other serious crimes but by the cross-border and trans-boundary nature of the crime, and its implications in many global health problems. The COVID-19 crisis, currently estimated to have been contracted from bats by humans through an intermediate host such as a pangolin, has propelled the global health implications of wildlife trade onto the global stage, thereby questioning global and national environmental governance structures to combat illegal wildlife trade and trafficking. Through a literature-based desk review, this paper appraises international environmental regulation such as the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES); wildlife regulatory governance in Nigeria such as The Endangered Species (Control of International Trade and Traffic) Act and their implications in the current global pandemic. It finds that weak legal systems, lack of enforcement capacity, high corruption levels and insufficient coordination, knowledge, and capacity are among the critical drivers of this crisis. It recommends legal and policy prioritization and effective environmental governance with regards to combatting wildlife trafficking as a panacea for present and future pandemics.
Dysfunctional Nigerian Insurance Industry: Failure of Law or Regulation?
This work interrogates the reason for the poor performance of the Nigerian insurance industry. The reason for doing this is that there is a strong correlation between insurance and development. The illiterate villager in the remotest part of Nigeria understands the advantages of "pooling" in risk mitigation. A system of coming together to contribute resources into a pool in order to take a small percentage of same to compensate the few members of the group who suffer risks is very much part of the everyday life of the traditional Nigerian society. This is what insurance is all about. Insurance, as we see it today, developed from this rudimentary aspect to the sophisticated business which it has become today. Being that our people are familiar with the tenets of insurance what then is the problem of Nigeria’s modern insurance industry that makes it remain at the lowest ebb in terms of performance in the financial services industry? Is the problem that of inadequacy in our law or ineffective regulation? Using the doctrinal method, the study examines both the legal and the institutional framework for insurance business to ascertain what the problem is. Our finding is that notwithstanding some grey areas in the Insurance Act, 2003, the major problem of the industry is failure of regulation. We recommend that the regulator, the National Insurance Commission (NAICOM) be more proactive to enable the industry take its pride of place in Nigeria as is the case all over the developed world.