Abstract
The constant conflict and killings in Nigeria by herdsmen has reached a frightening dimension that no day passes without the news of massacres by this group. This paper addresses the herdsmen and farmers conflict in Nigeria and seeks a paradigm shift from the status quo. The paper traces the history of herders’ farmers’ conflict in Nigeria and notes that this has been on for about seventy years without any sustainable solution. The paper also examines the causes of these conflicts and the legal and policy
framework to check the conflicts. The paper discovers that so many issues such as climate change, ignorance and existing squabbles are some of the causes of these conflicts. The paper also notes that there is no extant law to check this menace. The paper concludes by making far reaching recommendations such as the need for the enactment and harmonization of laws to help end the crises.
Keywords: Herdsmen, Farmers, Conflict, Climate, Population, Fulani
Abstract
The admissibility of electronic evidence has always been technical, contentious and controversial in Nigeria. Before the enactment of the Evidence Act of 2011, a party wishing to rely on electronic evidence, including emails, computer generated documents, etc., faced an uphill legal task in tendering same before the court. A lot of energy
was wasted in objections to the documents being admitted in evidence. The latest Act would appear to have addressed several issues of admissibility of electronic evidence, essentially by an elaborate definition of document to include electronic evidence. The Act also consciously addressed several other issues of admissibility so much so that
today most decided cases under the defunct statute have become out-dated and redundant. So far, and correspondingly, the courts have been progressive in interpretation of relevant provisions. Consequently, most age- long preliminary objections to the admissibility of electronic evidence became innocuous. However, the matter is not that simple in practice. This paper emphasizes the real basis of admissibility of electronic evidence and the importance of such in trial, assesses the current legal framework and provisions for the admission of such evidence under the Evidence Act 2011 vis a vis the defunct Act, and concludes that there are still contending issues and challenges in the application of extant provisions. In addition, there are the related issues of weight to be attached to admitted electronic evidence as well as the exceptions that call for ingenuity.
Abstract
Nigeria has undoubtedly in recent times been confronted with a myriad of security challenges. These challenges have persisted and thus become a source of concern and worry to both the government and the citizenry. The security of lives and property of all nations including Nigeria should be of paramount importance to any government, the sustenance of which may be daunting without the role of the police in a given polity. The Police is one institution of the state that plays a pivotal role in any
given society. Given the upsurge in security challenges and its abysmal management in Nigeria, it may be apt to state that the centralised system of policing and its attendant problems has failed. Also, the usurpation of the powers of state governors as chief security officers of their respective states has further intensified the call for state police. It is in view of the foregoing that the paper examines the need for state police which in the opinion of the paper will mitigate the current realities of insecurity in the country. It further argues that in order to achieve some semblance of security in Nigeria, there is need to decentralise the police force and empower State governments to have control over their security affairs which should however be done within the parameters of checks at the center to prevent abuse of power. Using the doctrinal approach of research, the paper discusses the meaning of state police, establishment and functions of the police, controversies trailing the creation of state police as well as the imperative of creating state police which is the core argument of the paper. The paper thereafter concludes with recommendations to ensure effective management of state police in Nigeria upon creation.
Keywords: State police, Decentralization, Centralization, Policing, Power
Abstract
This article is a deconstruction of functions of legal technicality and the implications of technical elements on the rule of law and administration of justice in Nigeria. The discretions of court to depart from the provisions of it rules create a problem of uncertainty in the administration of justice and seemingly violate the principle of rule of law. It is discovered that the main purposes of technicality embedded in adjectival laws are designed to ensure justice is done in a certain, predictable and stable
manner when the court or persons acting in judicial capacities are called upon to apply the substantive law within a given legal system. This article expounds judicial pronouncements and reviews some literatures; it was discovered that without legal technicalities, there cannot be justice because adjectival rules are part of the rules that are made to be obeyed to achieve rule of law. Thus, it is argued that legal technicality is made to regulate the dispensation of justice by the self-regulated legal system. In this article, it is recommended that in the administration of justice, justice should be prefigured by the application of the applicable adjectival laws unless any provision of law dictates otherwise. This concludes by advocating that the courts should always insist that litigants must comply with all the provisions of relevant laws in pursuit of justice.
Keywords: Technicality, adjectival law, substantive law, legal system, court, justice, Litigants
Abstract
The article critically examines the position of Nigerian laws on death penalty, suicide and attempted suicide. While there has been a robust increase in the number of laws sanctioning death penalty in the country, it is yet to be seen how they have effectively accomplished the primary objective of addressing or reversing the respective crimes for which they were intended. For instance, the crime of kidnapping now attracts a death penalty in some States of the federation, but kidnapping rate still continues
unabated on daily basis from newspaper reports. Irrefutably, the Nigerian courts have affirmed the legality of death penalty. However, it is argued that since deterrence, which is one of the likely reasons for retaining the verdict under our statute books, is not serving any useful purpose, there is need for reforms regarding the imposition of death penalty in Nigeria. The article went further to define suicide as an intentional killing of oneself. Suicide is not only a public health issue but is also a personal tragedy that prematurely terminates the life of an individual and leaves consequential effects on the family, friends and the society generally. While suicide does not constitute an offence under Nigerian laws, it was discovered that an attempted suicide is criminalized. The article argues that this is rather faulty and lacks foundation in the principles of criminal law. Studies have associated suicide and attempted suicide with mental disorder. Thus, a person who attempts suicide should be entitled to a defence of insanity to escape from criminal liability. The article concluded that imposition of death penalty is not only a threat to the enjoyment of the right to life but also infringes on the right to dignity and freedom from torture, inhuman and degrading punishment. Thus, the article recommended, inter alia, that the Nigerian government and other relevant stakeholders should have a re-think on imposition of death penalty and the criminalization of attempted suicide in Nigeria. Rather than punishing a person who attempts suicide, the article further suggested that the government should provide care, treatment and rehabilitation that will transform the individual into a better person.
Keywords: Right to Life, Death Penalty, Suicide, Attempted Suicide, Defence of Insanity, the M’Naghten Rules
Abstract
The intersection between International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) norms is becoming more pronounced in the geared move towards the preservation of the rights and the human dignity of victims of armed conflict. Not until about a decade and half ago, this relationship was considered pseudo. But with the increased wave of conflicts situations across the globe, the synergy between these regimes of protection has not only been evident but normal and natural against the backdrop of their increasing relevance in both standard setting and penalties’ prescription for violations. It is against this background that this paper considered the nature of rights cum protective valves encapsulated in these bodies of laws and their efficacies in times of war. It was found by this paper that the milieux within which they apply vary a great deal. While IHRL apply mostly in peace time and minimally during armed conflicts, the opposite is the case with IHL whose specialty always manifest in conflict situations. On the other hand, ICL is almost always evoked only after an armed conflict to bring grave violators to justice. The paper concludes that the rights of victims of armed conflict are better protected by the synergized application of these regimes and therefore recommends the strengthening of the interplay that exists between them.
Keywords: Humanity, Humanitarian, Rights,complementarity,Regimes,Criminal
Abstract
The paper delineates and addresses the impact of section 171 of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) as amended on the security of office of the heads of anti-corruption agencies (ACAs) and the fight against corruption in Nigeria. One of the key pillars for securing the independence of ACA is securing the tenure of office of the ACAs through appointment and removal procedures. Such protection enables the head to effectively discharge his function without fear or undue influence. To guarantee this, the anti-corruption law usually provides for the procedures for appointment and removal of head of ACA. Where the appointing authority of the head of ACA is the President, a confirmation of the appointment by the Senate is required. The appointment of Mr. Ibrahim Magu under section 171 CFRN after two rejections of confirmation of his appointment by the Senate of the Federal Republic of Nigeria upon recommendations by the President calls for assessment of section 171CFRN in order to delineate and address the impacts of this section on the security of office of the heads of ACAs in in particular and the ACAs in general in Nigeria. Therefore, this paper using content analysis and case study approaches examines the provisions of section 171 of the Constitution, the impact of the section on appointment of heads of ACAs. The paper finds that section 171 is an erosion of the security of office of the ACA and independence of the ACA in Nigeria. In offering the ways forward, the paper recommends among others things, the amendment of section 171 to include the head of ACA among appointments that require the confirmation of the Senate and a clear provision stating that appointment in an acting capacity made by the President should be for a maximum of one year and not renewable. Also, the removal of head of ACA at all times should be subjected to the confirmation of the Senate.
Abstract
This paper reviews the legislative framework on statutory guardianship in Nigerian. The Child Rights Act regulates statutory guardianship and other matters that concern the protection and rights of children in Nigeria. Guardianship is a process that grants legal authority to a person with capacity to care for another’s person or property especially because of their infancy, incapacity or disability. This review focuses on how the appointment of a guardian for those children who may be in need of parental care is regulated under the Act. The review identifies the death or incapacitation of a child’s parents as the circumstance under which a guardian may be appointed to provide parental care for the child. This review questions the procedure for appointing a guardian under the Act, especially for a child who has no parents, and for whom the last surviving parent may not have by deed appointed a guardian. The Act provides for a person (who the Court may in fact by order be appointed the child’s guardian) to
make an application for a child in this category but the Act did not provide for the person(s) who have the power to make the application. Secondly, the Act did not provide for the qualification of those who may be appointed guardian(s) in this regard. The review argues that this gap in the Act puts the children in this category at risk, and suggests a review of the Act to address the gap.
Keywords: Child, Right, Nigeria, Statutory, Guardianship, Infancy
Abstract
Marital rape is a term used to describe sexual acts committed without consent, or against the will of a party, where the perpetrator is the victim’s spouse. This may include, the use of physical force, threats of force or implied harm based on prior assaults, causing the victim to fear that physical force will be used if he/she resists. Though males may also be victims of marital rape, this work focuses on women as victims because the rape definitions found in statutes identifies them as such. It is also argued that a woman’s physical, economic and social position places her at a disadvantage. Most times, the marriage rapist is not necessarily a crazed sex fiend, but one who seeks to use sex as a means of asserting or validating his masculine identity. The victims of marital rape suffer both short and long term consequences, ranging from humiliation, fear, guilt, depression, injuries and broken bones. This work argues for the expunging of marital rape exemption from Nigeria’s laws. This is premised on the fact that the law does not contain a comprehensive position for the protection of married women. It is somewhat general and inadvertently encourages the perpetration of domestic violence against women. This exemption violates the woman’s right to her reproductive system, abuses her psychological, emotional and physical health, and also fundamentally infringes on her right to non-discrimination and dignity of her person.
Abstract
This paper examines the provisions of the Trafficking in Persons (Prohibition) Enforcement and Administration Act (Amendment) Bill, 2018. The Bill seeks to amend the Trafficking in Persons (Prohibition) Enforcement and Administration Act 2015 of Nigeria amongst other things. This paper shows that the Bill does not address pertinent issues necessary for the elimination of trafficking in persons in Nigeria such as criminalization of corrupt practices of law enforcement agents, civil legal aid for
victims and enforcement of mandatory reports from corporate bodies on steps taken to prevent the use of trafficked persons in their business chains. It concludes that until
these issues amongst others are addressed, the Trafficking in Persons (Prohibition) Enforcement and Administration Act along with its amendment will remain defective
and unable to significantly curb the menace of trafficking in persons in Nigeria.
Keywords: Trafficking, Enforcement, Corrupt Practices, Corporate Bodies