Volume 36 (2016)

1

Research Article DOI: 10.67203/abulj.2016.p9ft7za9

THE NEW PARTNERSINP FOR AFRICAN DEVELOPMENT AS A TOOL FOR AFRICAN DEVELOPMENT

J.O. Olatoke^*

It is no gainsaying that one of the major challenges which African countries had upon independence was the ill-adaptation to African realities and the continent’s development challenges. Most governance institutions and practices which the African countries had to make use of at independence were bequeaths from their colonial overlords. The realisation of this fact has led to an undying yearning b...

May, 2016 pp. 158-166

2

Research Article DOI: 10.67203/abulj.2016.budy8sdy

THE ROLE OF THE JUDICIARY IN THE IMPLEMENTATION OF THE FREEDOM OF INFORMATION ACT: PROSPECTS AND CHALLENGES

Victor Oluwasina Ayeni^*

Freedom of information (FOI), access to information and open access policies are the toasts of the moment in the international arefia. Countries with freedom of information laws and practice are considered ‘free’ while those without FOI mechanisms are treated almost like pariahs in the comity of democratic nations. This is because FOI is believed to be critical to democracy, human rights and good ...

May, 2016 pp. 291-308

3

Research Article DOI: 10.67203/abulj.2016.9xv9wu12

THE OFFENCE OF RAPE IN NIGERIA: SUGGESTIONS FOR STATUTORY AND PRACTICAL REFORMS

Patricia Kisugu Obi^*

Rape is a very serious crime the world over. It is a crime that attracts imprisonment, and in some jurisdictions the death sentence. In Nigeria, the offence of rape is provided for in both the Criminal and Penal codes. It is defined as unlawful non-consensual carnal knowledge of a woman by a man punished by imprisonment for life under the Criminal code, and fourteen years under the Penal code with...

May, 2016 pp. 279-290

4

Research Article DOI: 10.67203/abulj.2016.6tkzp29s

TERRORIST ATTACKS IN AFRICA AND THEIR DEROGATIONS ON HUMAN RIGHTS

Aondofa Aligba^*

This article is motivated by the numerous terrorists attacks witnessed across the African continent and their resultant negative impact on human rights guaranteed to the African people under the African Charter. These Terrorist attacks have resulted into numerous killings and destruction of individual properties and creation of general insecurity and inhibition on fundamental rights of the people ...

May, 2016 pp. 255-278

5

Research Article DOI: 10.67203/abulj.2016.xosc8wti

THE IMPERATIVES OF SUSTAINING SEPARATION OF POWERS AND CHECKS AND BALANCES UNDER PRESIDENTIAL SYSTEM OF GOVERNMENT IN NIGERIA

Danjos Denis Dalhatu^*

Separation of powers is one of the crucial features of a presidential system of government as it is practiced today in Nigeria. No man or group of people is too good to be vested with absoluté powers of government viz: legislative, executive and judiciary because of the fear of being abused by: suppressing the rights ofthe people. This is because power corrupts, absolute power corrupts absolutely....

May, 2016 pp. 244-254

6

Research Article DOI: 10.67203/abulj.2016.qkh69x9s

REGULATORY FRAMEWORK FOR SOCIALLY RESPONSIBLE INVESTMENT IN NIGERIA

Kunle Aina^*

Socially responsible Investment (SRI) is an investment objective that takes into consideration the long-term impact of investment by considering the environmental, social and governance (ESG) criteria to generate long-term societal impact and competitive financial returns. In the US alone over Fourteen trillion dollars have been invested in the country according to SRI strategies. This paper analy...

May, 2016 pp. 225-243

7

Research Article DOI: 10.67203/abulj.2016.8b31dmvq

REFORMING DEFICIENCIES IN NIGERIA’S TAX ADMINISTRATION USING BEST GLOBAL PRACTICES

Hafsat Iyabo Sa’adu^*, Ebenezer Ajayi

Due to the failing economy of several countries of the world. including developed and developing economies. there has been urgent and pressing need for a sustainable source of revenue to fund the economy. Several countries of the world have identified and operated taxation as a dependable and lasting source of revenue for the nations’ economy, Nigeria inclusive. Nigeria at present is experiencing ...

May, 2016 pp. 210-224

8

Research Article DOI: 10.67203/abulj.2016.fdruci8m

ONLINE MUSIC AND MOVIES AND NEW TECHNOLOGICAL DEVICES: CHALLENGES CONFRONTING COLLECTING SOCIETIES IN NIGERIA

J.M. Nasir^*, D.N. Jangkam, A.A Adewole

This paper looks at the recent developments in the area of information communication technology where there is significant advancement in the types of gadgets that are to available in the market coupled with the wide use of the internet. In addition to allowing users to have greater access to the internet, these gadgets allow users to share information amongst them. In recent times, musicians and ...

May, 2016 pp. 183-196

9

Research Article DOI: 10.67203/abulj.2016.idptb4ci

UNDERSTANDING THE MEDICO-LEGAL ASPECTS OF ORGAN DONATION AND TRANSPLANTATION IN NIGERIA

Olusola Babatunde Adegbite^*

It is the position of this paper that Organ donation and transplantation in Nigeria has legal implications which are as yet not fully considered nor properly understood. This Paper begins by examining generally the Medical aspects of organ donation and transplantation, highlighting the history, procedure and its necessity as a form of medical treatment. The paper then appraises the abiding legal r...

May, 2016 pp. 167-182

10

Research Article DOI: 10.67203/abulj.2016.24y4lajk

A CRITICAL APPRAISAL OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015

A. F. Afolayan^*, E.O. Onoja

The Administration of Criminal Justice Act 2015 (“the ACJA 2015”): was signed into law on 14\" May 2015. The Act has receivéd both praises' and condemnation’ from different sections of the society.? The Act was-made to ensure efficiency, protection of the society from crime, and guarantees the rights of suspects, defendants, and victims of crimes.‘ This article examines the purpose and scope of th...

May, 2016 pp. 1-20

11

Research Article DOI: 10.67203/abulj.2016.zu2yry67

IMPLEMENTING THE RIGHT TO DEVELOPMENT IN NIGERIA: GOOD GOVERNANCE AS AN APPROACH

Salim Bashir Magashi^*

This paper examines the importance of good governance in the realisation of the right to development. Basically, the paper argues that cormuption is a bane to good governance and consequently. to the realisation of the right to development. Thus, in line with international best practices and with or without the justiciability of human rights before domestic courts, good governance through the supp...

May, 2016 pp. 142-157

12

Research Article DOI: 10.67203/abulj.2016.cgt0lzi8

INFRINGEMENT OF NIGERIAN CULTURAL AND ARTISTIC HERITAGE (FOLKLORE): ARE THEIR PROTECTION AND REMEDIES UNDER NIGERIA COPYRIGHT ACT?

Rose Ohiama Ugbe^*

The Copyright Act’ is the law enacted in Nigeria for the protection of intellectual creations from being exploited by others without the authorization or consent of the author or owner of the work. The first autochthonous copyright law was promulgated in Nigeria by the military government in 1970.’ Hitherto, it was the English Copyright Act of 1911 that was made applicable in Nigeria by an Order-i...

May, 2016 pp. 127-141

13

Research Article DOI: 10.67203/abulj.2016.lnmqb4ug

WOMEN’S HUMAN RIGHTS AND THE CONFLICT IN NORTILEAST NIGERIA: ASSESSMENT OF THE EFFICACIOUSNESS OF THE UNSCR 1325 AND THE NATIONAL ACTION PLAN (NAP)

Abiola Akiyode-Afolabi^*

Girls and women have been the most vulnerable in the protracted conflict by the insurgency in the North East of Nigeria.’ With over 1.9 million displaced,” cases of abduction* rape’, and exploitation? of girls and women as suicide bombers,° very few. research still focus on the - gendered impact of the conflict.’ While most analysis on armed conflict: demonstrates its complicated” nature®; this pa...

May, 2016 pp. 110-126

14

Research Article DOI: 10.67203/abulj.2016.fwie205d

THE RELEVANCE AND EFFICACY OF INEC, ELECTION PETITION TRIBUNALS AND LEGAL PRACTITIONERS IN SUSTAINING DEMOCRATIC GOVERNANCE IN NIGERIA

Kabir Mohammed Danladi^*

One of the major tenets of governance across the globe is Democracy. This tenet of governance is an all encompasses and embracing act which is engulf with many activities and processes done not only by one person or body. Therefore to have a successful and. effective democratic governance, all these bodies involved must work diligently to provide the result that will lead to good governance. Somet...

May, 2016 pp. 97-109

15

Research Article DOI: 10.67203/abulj.2016.c5ud3bsc

BOKO HARAM AND THE LAW: AN APPRAISAL OF THE RULE OF LAW. BASED AND THE SECURITY-BASED APPROACHES TO COUNTERTERRORISM

Nuraddeen A. Ayagi^*

For several decades, individual states have made legal provisions that govern violent crimes either against the state or its citizens. State’s penal laws painstakingly set out the procedure to be followed by law enforcement agents and prosecutors alike in combating, detection and prosecution of offences taking into account basic rights of suspects and accused as enshrined in the state’s bill of ri...

May, 2016 pp. 88-96

16

Research Article DOI: 10.67203/abulj.2016.rdmivnf2

INTERROGATING A THEORETICA L FRAMEWORK FOR RENEWABLE ENERGY GOVERNANCE IN NIGERIA

Andrea Ajibade^*

In the last two decades environment and sustainability have replaced energy security and geopolitical perspectives for global energy study, and analysis. Studies observe the benefits of renewable energy technology for the environment and energy resources. Thus. renewable energy for electricity use developed in reaction to environmental concerns about the effects of non-renewable energy sources on ...

May, 2016 pp. 67-87

17

Research Article DOI: 10.67203/abulj.2016.zrku33db

AN EXAMINATION OF SOME PROVISIONS OF THE ADMINISTRATION OF CRINUNAL JUSTICE ACT, 2015

Dalhat A. Idris^*, Abubakar Is’haq

The Administration of Criminal Justice Act 2015 (hereinafter referred to as the ACJ ACT) became operational on the 14\" of May. 2015 when it was assented to by the then President of the Federal Republic of Nigeria, Goodluck Ebele Jonathan. The ACJ Act seeks to. inter alia, address the problem of delay in the criminal justice administration in Nigeria. The Act has repealed the Criminal Procedure Co...

May, 2016 pp. 51-66

18

Research Article DOI: 10.67203/abulj.2016.8fcbobhe

AN APPRAISAL OF CERTIFICATION AS A LEGAL CHALLENGE ON ADMISSIBILITY OF COMPUTER GENERATED EVIDENCE IN NIGERIA

Perekedou James Fawei^*

A veritable condition that must be satisfied for the admissibility of computer generated piece of evidence under the Evidence Act 2011 in Nigeria is certification. However. inadequacy of legal literature on this assumed-to-be-known subject of certification of computer generated documents in law now constitutes a clog on the wheel of admissibility of such documents. This article is therefore an att...

May, 2016 pp. 34-50

19

Research Article DOI: 10.67203/abulj.2016.aqjz2aov

AN EXPOSITION TO THE 2014 REVISED GUIDELINES FOR THE APPOINTMENT OF JUDICIAL OFFICERS IN NIGERIA: ISSUES AND CHALLENGES

Musa Adamu Aliyu^*

The 1999 Constitution is the supreme law in Nigeria. The law has provided mechanism for the appointment of judicial officers that is not exhaustive. The constitution saddled National Judicial Council with the responsibility of recommending credible persons for appointment to the judicial offices. The recommendations are being submitted to the President and the Governor for the appointment of suita...

May, 2016 pp. 21-33

20

Research Article DOI: 10.67203/abulj.2016.jx7a4zbv

APPRAISING THE WORLD BANK ROLE IN CURBING CORRUPTION IN FINANCED PROJECTS IN NIGERIA: TOWARDS EFFECTIVE USE OF NEUTRALITY CLOSE

Sawyerr Damilola Odunayo^*

As the world’s major finance Institution. the World Bank has a duty to concern itself with the successful flow and proper use of resources it gives to borrowing member States. Thus, it is practically impossible for the World Bank to separate itself from International development policy issues like corruption. The wide spread of corruption in any country has effects on the distribution of public an...

May, 2016 pp. 197-209