Volume 42

Volume 42 (2024)

Published in 2024

Issues in this Volume

Issue 2 (November)

Issue 1 (May)

Articles in this Volume

26 articles
1
Research Article

EXAMINATION OF THE PRINCIPLES GOVERNING BELLIGERENT OCCUPATION UNDER INTERNATIONAL LAW: A STUDY OF ISRAEL’S OCCUPATION OF GAZA STRIP, 2023

Isa Yusuf*, A. M Darma

International humanitarian law imposes specific obligations on occupying powers, among them Israel in its continuing occupation of the Gaza Strip. Noting with great concern the events in Israel and Palestine since October 7, 2023, this paper provides an initial legal analysis of certain conduct undertaken by the armed forces of Israel and Hamas during the on-going conflict and the provision of IHL...

Nov, 2024 pp. 97-112
2
Research Article

Safeguarding the Rights of women and children upon divorce under Customary Law in Nigeria

Peter O. Itsueli*

The rights of women and children are often trampled upon when there is a divorce under customary law. The customary law wife is responsible for taking care of her husband and children sometimes without assistance and she basically has no life of her own without her husband. Her identity is subsumed in those of her husband she is basically entitled to what her husband allows. Her children also suff...

Nov, 2024 pp. 170-183
3
Research Article

AN EXAMINATION OF THE DRAFTING STYLE OF STRICT LIABILITY OFFENCES IN NIGERIA

Nansat Stephanie Omoarebu*

There is a longstanding societal consensus that there should be no criminal punishment without moral blameworthiness. Nevertheless, a new dimension to the basic principles of criminal responsibility emerged, making it possible for a distinct group of offences to be punishable without regard to any mental element. These are known as strict liability offences. This paper seeks to examine the draftin...

Nov, 2024 pp. 57-67
4
Research Article

AN APPRAISAL OF THE JURISDICTION COURTS IN ASCERTAINING THE APPLICABLE LAW OF TORTS IN CONFLICT OF LAWS SITUATION

Mohammed Ajibola, Yusuf*, Dahiru Muhammad Sani, Dr. Farida Aisha Kera

Conflict of laws is an aspect of law which deals with conflict between different legal systems, whether at international or domestic levels. This aspect of law is mostly used to resolve the conflict between legal systems where parties to it come from different jurisdictions. There is generally uncertainty in the application of law of torts in conflict of laws situation in Nigeria especially where ...

Nov, 2024 pp. 39-56
5
Research Article

NAVIGATING A COMPLEX TERRAIN: EXPLORING THE LIMITS OF HARMONIZING MARRIAGE LAWS IN NIGERIA

Hameenat Bukola Ojibara*

Marriage laws in Nigeria represent a complex amalgamation of native law and customs, religious doctrines, and legislative provisions. This has made its application and administration extremely complex especially where more than one of these laws apply to the parties. Such a situation has heightened the calls for harmonization of marriage laws in Nigeria. However, not much attention has been given ...

Nov, 2024 pp. 157-169
6
Research Article

NIGERIA’S EXTENDED CONTINENTAL SHELF: PROSPECTS AND CHALLENGES FOR THE BLUE ECONOMY PROJECT

Vincent Iwunze*

Under the United Nations Convention on the Laws of the Sea, 1982, a coastal State may make submissions to the Commission on the Limits of the Continental Shelf for extension of its continental shelf beyond 200 nautical miles where the natural prolongation of its shelf exceeds the 200-mile limit. In 2009, Nigeria made submissions to the Commission for an extended continental shelf. Finding Nigeria’...

Nov, 2024 pp. 113-135
7
Research Article

THE POSITION OF CONCURRING JUDGMENT IN MATTERS DECIDED BY THE APPELLATE COURTS IN NIGERIA AND ITS IMPACT ON JUDICIAL PRECEDENTS: REVIEWING THE SUPREME COURT DECISION IN MAGAJI v NIGERIAN ARMY

Musa Yahaya*, Tauheed Adam, Asma’u Muhammad Sulaiman, Idris Baba Mohammed

In the legal system, court decisions are established as "precedent," which lower court judges must adhere to when presented with similar cases. The majority opinion holds the weight of the court's judgment, while a concurring opinion aligns with the majority decision but presents alternative reasoning. Although, concurring opinions are not considered precedents and cannot be cited as such, this pa...

Nov, 2024 pp. 207-218
9
Research Article

AN EVALUATION OF THE RIGHTS OF VICTIMS OF MEDICAL NEGLIGENCE UNDER THE NIGERIAN LAW

Nduwdie E. Oton*, Nsikan A. Udoka

This work examined the current Nigerian laws and practices on the Rights of Victims of Medical Negligence. With Nigeria’s debilitating healthcare system, cases of medical negligence are on a surge, while litigation for damages in medical negligence are inhibited because the plaintiffs/victims are usually ladened with a heavy burden of proving negligence against the erring medical practitioners. Th...

Nov, 2024 pp. 196-206
10
Research Article

Cohabitation of Unmarried Couples: Its Consequences and Legal Redress in the Modern World

Lilian Ifeoma Nwabueze*, Nobert Chukwuka Okolie

Adults of opposite sex who have no blood affiliation are not expected to live together in close intimacy which encourages unguided physical and emotional contact. Legal approval to such cohabitation is derived only from marriage. Marriage automatically spells out during a couple’s lifetime and thereafter, the rights and obligations of each person and the duties they owe their off springs. The abov...

Nov, 2024 pp. 68-80
11
Research Article

AN ASSESMENT OF EUTHANASIA OR MERCY KILLING AND ITS IMPACT ON HUMAN AND PEOPLE’S RIGHTS

Samuel UGBO*, Edema, Oritsegbemi Patricia

There is no gain in saying that it that so many people suffering terminal or life-threatening illnesses cry and request that their life be terminated rather than continuous stay on their sick bed for a long time especially when they are in pains and do not have the hope of recovering from such illnesses. An ill patient gets to a stage and becomes worrisome and therefore, request that his or her li...

Nov, 2024 pp. 1-19
12
Research Article

AN ANALYSIS OF THE INTERPLAY BETWEEN THE NIGERIAN CONSTITUTION AND LAND USE ACT, 1978: TRAVESTY OF NIGERIAN FEDERALISM AND CONSTITUTIONALISM?

Abubakar Mohammed Bokani*

The Land Use Act, 1978 (hereinafter referred to as “the Act”) vested most lands in each state of the federation in the Governor of each state. To achieve the objectives of the Act, it was promulgated and entrenched in the 1999 Constitution. However, some inconsistencies and contradictions have arisen from the entrenchment of the Act in the Constitution which seems to undermine the federal nature o...

Nov, 2024 pp. 20-38
13
Research Article

AN APPRAISAL OF THE LEGAL FRAMEWORK FOR PROMOTING FINANCIAL INCLUSION OF WOMEN IN NIGERIA

U. S. Bebeji*

Financial inclusion is one of the surest pathways to economic development and equitable distribution of wealth. Modern economies themselves are built around the financial sector, as most opportunities come through and are aided by banks and other financial institutions. The article appraises the legal framework for the inclusion of women in the Nigerian financial stream. With more than half of Nig...

Nov, 2024 pp. 184-195
14
Research Article

THE EXTENT OF THE POWER OF GOVERNOR IN THE EXERCISE OF LAND CONTROL AND MANAGEMENT IN NIGERIA

Theophilus C. Nwano*

This paper critically examines the extent of the power of Governor in the Exercise of Land Control and Management in Nigeria. The central question to this paper is the extent of balance in the powers exercisable by the State Governor. The paper discovers that the powers of the State Governor is excessively absolute and finds that Government powers over land control and management poses serious thr...

Nov, 2024 pp. 136-156
15
Research Article

EXAMINATION OF THE LEGAL FRAMEWORK FOR INTER-AGENCY COLLABORATION BETWEEN SECURITY AGENCIES IN THE ELECTORAL PROCESS IN NIGERIA

Amana Mohammed Yusuf*

The Nigeria electoral cycle comes up every four years. During this period, Nigerians elects leaders at the levels of the executive and legislation. Over times in Nigeria, the election process has witnessed disruptions, violence and protests. In Nigeria, security agencies are deployed in the electoral process, but, the general security operations by the security agencies have been marred by rivalry...

May, 2024 pp. 115-137
16
Research Article

Can Public Purpose under the Land Use Act Covers Compulsory Acquisition for Private Investment? Judicial Attitudes in Nigeria?

Abubakar Balarabe Kura*

Compulsory acquisition of land is an opportunity given to government to acquire land from individual for public purpose or public interest. Commercialization and privatization of public enterprises necessitate the government to acquire land from individual for private investment. Section 43 and 44 of the Nigerian constitution, 1999 and section 28 and 51 of land Use Act, 1978 sanctioned the acquisi...

May, 2024 pp. 181-200
17
Research Article

THE ROLE OF CLIMATE CHANGE IN EXACERBATING SEXUAL AND GENDER-BASED VIOLENCE AGAINST WOMEN: A NEW CHALLENGE FOR THE LEGAL FRAMEWORK FOR HUMAN MOBILITY IN AFRICA

Oluwatoyin Adejonwo*

Climate change is rarely discussed in relation to violence against women. Though climate change has become one of the greatest existential threats to humanity, for many of women, it is also one of the indirect causes of different forms of sexual and gender-based violence (SGBV). Growing evidence amongst researchers and other stakeholders suggests that the impact of climate change also exacerbates ...

May, 2024 pp. 153-162
18
Research Article

The Question of National Security and Freedom of Information Act in Nigeria: Balancing the Competing Interests and Rights

Osawe Omosede Andre*, Ogbonna Edamwen Frances

National security and the right of access to public information are rights pulling in opposite directions. On the one hand, there is the need for government to secure public information on grounds of national security; on the other hand, there is the right of persons to access information held by public bodies. There are challenges linked with identifying the balance between the citizens’ access t...

May, 2024 pp. 138-152
19
Research Article

AN EXAMINATION OF THE PROSPECTS AND CHALLENGES OF COMPANIES AND ALLIED MATTERS ACT 2020: A CASE STUDY OF SECTION 839

Binta Dalhat Dan-Ali,PhD*

Companies and Allied Matters Act (CAMA) 2020, principally is to regulate the formation, management and dissolution of Businesses and Associations. It regulates the affairs of Associations such as Non- Governmental Organizations (NGOs),Mosques, Churches, Clubs etc. from their formation, management, and dissolution. This work mainly is directed on the Fundamental Changes and Innovations brought by t...

May, 2024 pp. 55-69
20
Research Article

AN EXAMINATION OF THE ADMINISTRATION AND ORGANISATIONAL STRUCTURE OF THE NIGERIAN NATIONAL PETROLEUM CORPORATION LIMITED UNDER THE PETROLEUM INDUSTRY ACT, 2021

Tosin Ezekiel Ayo*

The landmark Petroleum Industry Act (PIA) of 2021 marked a pivotal moment in the Nigerian oil and gas industry, introducing sweeping reforms and transforming the Nigerian National Petroleum Corporation (NNPC) into a limited liability company (NNPC Limited). This desk-based paper embarks on an analysis of NNPC Limited’s structure and administration in the context of the PIA 2021, dissecting its imp...

May, 2024 pp. 24-40
21
Research Article

WASTE MANAGEMENT LAWS IN THE FCT: ADDRESSING IMPLEMENTATION CHALLENGES

Chelsea Euphemia Okafor*, Hadiza Hamma

Waste management has appeared as one of the greatest challenges facing environmental protection agencies in the Federal Capital Territory. There are laws in the FCT regulating waste management, and despite this plethora of laws, waste management continues to be problematic majorly because of implementational challenges. The aim of this paper is to address the implementation challenges of waste man...

May, 2024 pp. 70-97
22
Research Article

AMNESTY PROGRAMME IN NIGERIA: ANY NEED FOR LEGAL FRAMEWORK

Ekaete Ikemesit Orok*

This paper researches on the need for a legal framework for the Amnesty Programme which was declared for the Niger Delta militants. The concerns of the Niger Delta militants included the development of the area, clean-up of spills and the address of the degradation from oil production. They also agitated for an effective local content policy in the oil and gas industry. The violence conspicuously ...

May, 2024 pp. 163-180
23
Research Article

AN EXAMINATION OF THE ROLES OF ANTHROPOLOGISTS AND HISTORIANS IN ASCERTAINING NIGERIAN CUSTOMARY LAW

Adekunle Ademola Aminu*

Customary law has continued to be relevant to the lives of the natives, particularly in matters of marriage, land holding, chieftaincy, inheritance and succession. Due to the plural and unwritten nature of African customary law, precision and clarity are lacking in the law. There is the need to ascertain the applicable rules of customary law with a view to knowing the exact contents of the law and...

May, 2024 pp. 98-114
24
Research Article

Assessing the Empowerment of Minors through Relational Autonomy in Paediatric Healthcare in Benin City, Nigeria

Nathaniel A. Inegbedion*, Hadiza O. Okunrobo, Ernest Ugiagbe

This study explores relational autonomy in paediatric healthcare, with a focus on Benin City. It aims to empower minors by involving them in shared decision-making processes. Relational autonomy emphasizes social relationships and interdependence in decision-making, essential in the paediatric healthcare setting where minors rely on caregivers. There is limited knowledge about relational autonomy ...

May, 2024 pp. 201-219
25
Research Article

JUDICIAL INTERVENTION IN ELECTION PETITIONS AND DEMOCRACY IN NIGERIA

Usman Ibrahim*, Shamsu Yahya, Ifeanyichukwu oke

This paper analyzes the complex relationship between judicial review and democracy, examining the approaches of the USA, UK, and Kenya. It examines how varying levels of judicial activism shape this balance, highlighting the potential for judicial intervention to undermine or protect democratic principles and rights. While the judiciary's role in interpreting the law is essential, it can also lead...

May, 2024 pp. 1-23
26
Research Article

A REVIEW OF THE CRIMINALIZATION OF PAYMENT FOR RANSOM IN KIDNAP CASES IN NIGERIA

Jumah Muhammad Abdulrahman*

Nigeria has been engulfed in a myriad of pressing security challenges, prominently characterized by the persistent scourge of abductions and kidnappings. In a proactive effort to combat the menace of kidnapping and address other security concerns in the nation, the Nigerian Senate passed the Terrorism (Prevention) Act 2013 (Amendment) Bill, 2022 into law on April 27, 2023. Although yet to be assen...

May, 2024 pp. 41-54
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