Nnamdi Azikiwe University Journal of International Law and Jurisprudence

The police and policing system in South Africa: The law and lessons for Nigeria

Matthew Enya Nwocha — 2024-04-23

The sociological theory of law identifies human society as one characterised by conflicting and contradictory interests. These interests must have to be ironed out for peaceful, progressive and sustainable social development to take place in such a society. In order for effective harmanisation of human interests to be possible, states have adopted the police as a branch of the executive to police societies for social equilibrium to be attained, bearing in mind that conflicts are imperative part of society. Police is therefore a universal institution. However, the degree of efficiency in the police varies significantly from one society to another. In this paper, the researcher employed doctrinal legal research methodology to, inter alia, x-ray the police and law enforcement in South Africa with a view to ascertaining whether policing in South Africa unfolds any lessons for Nigeria. It was found that the two jurisdictions have similar history in police origin, structure and organisation. That Nigeria has some lessons to learn from the system of policing in South Africa. We recommended, among other things, upward review of qualification for enlistment, salary, welfare, rigorous training, effective supervision, increased oversight checks by the National Assembly, community policing, etc, as measures that could reposition the Nigerian police for optimum results.

Appraising the concept of justice and advancing the course of justice delivery in Nigeria

Daniel Chidike Nwuzor — 2024-04-23

The quest for justice is as old as human kind. Ever since humans started living in groups, systems have been put in place to help them resolve their differences. This article extensively appraises the concept of justice as well as the state of justice delivery in Nigeria because of its reverberating importance. It utilized the doctrinal research methodology and ultimately found that the justice delivery system in Nigeria is very poor and fraught with debilitating challenges. However, the said challenges are not beyond resolution. Accordingly, this work advances certain recommendations to help address this issue, including the creation of more specialized courts, adopting a federal system of judiciary and radically altering the system of appointment of judges and judicial officers in Nigeria. It is fervently expected that a faithful implementation of the recommendations herein advanced should go a long way towards extirpating the problems encountered in justice delivery and reposition same, a situation which will be of incalculable benefit to all.

A positive approach for the protection of the internally displaced persons’ right to participate in elections in Nigeria constitutional democracy

Godwin Emeka Ngwu — 2024-04-23

The right to vote and be voted for is one of the many rights of any citizen of Nigeria as specifically provided for in the Nigeria constitution. Generally displacement can be caused by natural or humanmade factors like armed conflict, internally displaced person therefore, due to their forced displacement, are inherently vulnerable to deprivation, and other risks, such as lack of access to basic services, family separation, sexual and gender based violence, trafficking. The object of the article is to emphasise that the internal displaced persons apart from the challenges mentioned above are equally faced with deprivation of their constitutional right to vote and be voted for. It concluded that the internally displaced people are entitled to right of suffrage like every other citizen as guaranteed by the constitution. And finally recommended that laws that seek to guarantee that Internal Displaced Persons, as citizens or habitual residents of their country, enjoy equality and without discrimination the same rights and freedoms under international and national law as do other persons in their country be implemented.

Balancing the conflict between terrorism and the right to self-determination in Nigeria

Onyeka Christiana Aduma — 2024-04-23

In recent years, the conflict between terrorism and the right to self-determination has become one of the most complex and challenging issues facing Nigeria. The rise of terrorist organizations such as Boko Haram, which has been linked to attacks on civilians, military personnel and other targets, has heightened the tensions surrounding self-determination and sparked debate about the appropriate response. At the center of this conflict is the question of whether the right to self-determination should be curtailed in order to combat terrorism or whether this would be a violation of human rights and potentially lead to further violence. Using a doctrinal research methodology, this paper analysed the conflict between terrorism and the right to self-determination in Nigeria. The paper found out that the lack of universally accepted definition of terrorism, coupled with the inherent sovereign power of states to enact anti-terrorism legislation, can lead to the conflation of terrorism in Nigeria.

Legal framework for environmental right in Nigeria: Reviewing the past and projecting the future

Sylvester Chijioke Odoh — 2024-04-23

Leal framework for Environmental right remains the process of putting in place laws, rules and regulations to engender the concrete protection and preservation of the environment sustainably. For sometimes now, several authors, commentators and environmentalists have been brainstorming on the best approach to ensure that adequate legal framework is put in place for the purpose of protecting individuals from environmental damages. The paper was commenced by review of existing law on environmental right in Nigeria for the purpose of finding the challenge therein aimed proffering solutions.

Defence of alibi under the Nigerian criminal jurisprudence: A review of the duty of investigating police officer

Donatus Ikechukwu Njoku — 2024-04-23

The target of criminal justice administration is to pin a crime to an exact culprit and mete out deserving punishment. The principle of audi alterem partem however requires that no person should be condemned unheard. Criminal trials in 55ivilized jurisprudence therefore require that the defendant be afforded adequate time and facility to defence himself. An accused takes leverage of a number of defences to this effect; including the defence of alibi. Alibi is a defence based on the fact that the defendant was somewhere else and could not have practically committed the alleged crime. When alibi is raised timeously, it places heavy obligations on the police to investigate same. In Nigeria, there has been instances where Investigating Police Officers did not bother to investigate alibi or investigated same shabbily thereby causing untoward hardship to victims of crimes. In this paper therefore we adopted doctrinal research methodology to explore the law, the defence and investigation of alibi with a view to exposing the innate peculiarities and quandaries of this defence under the Nigerian law.

Enforcement of law: Review powers and challenges of the police in Nigeria

Matthew Enya Nwocha — 2024-04-23

Progress and development are only attainable in an atmosphere of peace and security. This explains why every society needs the Police in this modern time. Where security of lives and property is elusive, the Hobbesian state of nature will re-enact itself. Irrespective of the powers conferred on the Police under the relevant laws, the Police has not delivered on its mandate of protecting life and property of Nigerians. Arms peddling, banditry, kidnapping, herdsmen attacks, serial killings, general insecurity, etc, now reign supreme in Nigeria. The researchers therefore employed doctrinal research methodology to law enforcement powers and challenges of the Nigerian Police focusing on the Nigerian jurisdiction. It was found, inter alia, that the Nigerian police still thrives on the colonial mentality of suppression and has stood aloof from the citizenry whom they are meant to protect; that corruption, under funding, lack of training, among others, have similarly put a cog in the wheel of police’ law enforcement, thereby rendering the police’ public image stale; that an objective police reform is imperative to bring the police institution in tune with modern democratic realities. Among other things, police reform, training, welfare, review of qualification for recruitment into the Force and proper funding were recommended.

An analysis of the Sub judice rule in Nigerian legal jurisprudence

Raleke I. Nwangeneh — 2024-04-23

This study explores the character of court authority by examining the common law offence of contempt, with exclusive focus on the rule of Sub Judice in the Nigerian jurisprudence; but first a brief account of the use and enforcement of rule is introduced in some countries jurisprudence. This research is undertaken to show that the Sub Judice rule represents a form of authority premised on the role of courts in democratic societies in relation to the Mass Media and Free speech. Even though the rule strikes a balance between the rights to freedom of speech and fair trial, protecting the integrity of the legal process from undue influence by the press, the courts still face a plethora of difficulties occasioned by the free press and social media. The researcher is of the view that Sub Judice rule alone is insufficient to reign in the tendency towards potentially prejudiced perceptions of the proceedings of a case occasioned by the ever growing, dynamic and expansive local and global media environment even if it is conceded that it still has a hugely important role to play.

Charting the path to African prosperity: Unravelling the economic dynamics of the African continental free trade agreement

Ogonna Beauty Ogbologu — 2024-04-23

The African Continental Free Trade Area (AfCFTA) Agreement which came into effect in 2021 is a landmark Agreement that represents a pivotal step towards economic integration and growth on the African continent. It was created to reduce tariffs on 97% of goods, unify regulations, and make crossborder investment seamless. The projected effect is an increase in Africa’s trade earnings by up to $450 billion by 2035 and the rescue of 30 million Africans from extreme poverty. This paper explores the multifaceted dimensions of AFCFTA, examining its historical context, institutional framework, and anticipated economic implications for participating nations. Through a comprehensive analysis of the origin, evolution, and institutional and legal framework of AFCFTA, this study investigates the complex dynamics shaping the agreement. Utilizing a combination of policy analysis, case studies, and economic modeling, the research delves into the status of implementation by state parties, negotiation phases, and the role of various stakeholders in the realization of AFCFTA's objectives. The findings reveal insights into the challenges and opportunities inherent in AFCFTA, including the significance of rules of origin, trade facilitation mechanisms, and the influence of political will and capacity on agreement outcomes. Additionally, the study examines the potential benefits of leveraging experiences and knowledge from the European Union and the Global Gateway initiative. By assessing the current status of AFCFTA implementation and identifying key challenges and risks, this research provides a roadmap for navigating the complexities of the agreement. The paper concludes by offering recommendations for overcoming obstacles and maximizing the transformative potential of AFCFTA to foster economic prosperity in Africa.Building on the findings of this study, future research avenues could explore the long-term sustainability of AFCFTA, the social impact of trade liberalization, and innovative strategies to enhance regional cooperation and economic development within the African continent.

Tackling environmental change in contemporary Africa: The prospects of customary environmental law

Ucha Caroline Agom — 2024-04-23

Climate change has diminished environmental stability and increased the global surface temperature by almost 5 °C in the last 27 years. The world has negative changes in the environment. The quality of the environment has globally deteriorated. Human activities on the environment account for large chunk of climate change. Surely, we must work, eat and live comfortably with all our needs met, but at the same time, we must ensure our continuous existence by protecting the planet earth. To achieve this, we must appreciate the principle of sustainability and abide by the policies put in place to protect the environment. This paper uses doctrinal research methodology to x-ray prospects of customary environmental law options to tackling environmental change in Africa. It was found that customary environmental law offers many options that could be utilised in checking environmental degradation and change. It was recommended, inter alia, that African countries should revamp those age-long customary law measures and strengthen them via legislative actions for effective environmental sustainability.

Examining the electoral act, 2022 and the place of security agencies

Chinonso P. Njoku — 2024-04-23

The right of every eligible citizen in Nigeria to vote remains crucial to the achievement of sustainable development goals. However, from the onset of the present Fourth Republic, elections have not reflected the opinions of the voters. This problem generally reflects as a result of bad leadership, as many scholars have viewed that Nigeria’s inability to conduct free and fair elections is the cause of bad leadership crisis. This research focuses on the new Electoral Act, 2022 and the role of security agencies in ensuring free and fair elections. The paper explores the legal framework for the involvement of security agencies in the electoral process, the various agencies involved and their specific roles and responsibilities. It also analyses the potential benefits and challenges of involving security agents in the electoral process, including the risk of abuse of power and human rights violations. The paper concludes by offering recommendations on how to enhance the effectiveness of security agents in ensuring credible, transparent, and peaceful electoral process in Nigeria while safeguarding the rights of the citizens.

Appraising the interface between secularity and freedom of religion under the constitution of Nigeria, 1999

Donatus Ikechukwu Njoku — 2024-04-23

This paper x-rays the secularity and freedom of religion under the Constitution of the Federal Republic of Nigeria 1999 (as amended). It investigates the concepts of secularism, religion and various types of religion in practice in Nigeria. The work adopted doctrinal research method and argued that the extant Nigerian Constitution promotes religion and suppresses the secularity of the Nigerian State. The authors recommended absolute secularity of the Nigerian state which may be achieved through further amendment of the Constitution. The paper concluded that Nigerian leaders are religiously bias and do not adhere strictly to the constitution on the secularity of the state.

Legal assessment of electronic tax payment systems: Nigeria, Kenya and tanzania and in perspectives

Chioma O. Nwabachili — 2024-04-23

Electronic Tax Payment system has spread from developed to developing countries. Nigeria has made steps in adopting Electronic Taxation due to the necessity to establish a more efficient taxation system that would meet the current demand of contemporary taxation. Electronic Taxation is a mechanism by which taxes are calculated and administered in electronic media. It involves the use of Information Communication Technology to run the taxation process of a country. This paper aims at assessing the nature of E-tax payment systems, evaluating the prospects and challenges of electronic tax payments in Nigeria and examining its legal basis as well as the progress recorded so far. An analysis was also made on the practice of E-tax payment systems in Kenya and Tanzania with the view of eliciting lessons from there. It was found that some of the major Challenges affecting e-tax payments includes but are not limited to the following; that the level of computer literacy in these countries is low as most taxpayer shy away from the system causing them to stick more to the manual system of tax payment. Also, the unsteady and unreliable state of internet connection can lead to frustration of taxpayer. Finally, there are no legislative frameworks that fully provide for the process and procedures of electronic tax payments in Nigeria, Kenya and Tanzania. Thus, the paper recommends among others, that there should be an enactment regulating the operation of electronic tax payments in Nigeria, as was done for the manual system, provision should be made for increase in awareness of taxpayers stressing on the importance of being a computer literate

Necessity for evolving an effective mechanism for the arrest of perpetrators of core international crimes: Some reflections on the arrest of Felicien Kabuga

Nuleera Ambrose Duson — 2024-04-23

The Criminal Prosecution of those responsible for the commission of core international crimes is now an important part of the international agenda. Perpetrators of mass atrocity crimes are now being made to account for their deeds through criminal prosecution. Law enforcement agencies such as the police play a crucial role in the criminal prosecution process. The police are usually saddled with the task of effecting the arrest of perpetrators of crime. So, for any criminal Justice system to function effectively, it must have an organised and effective mechanism for the arrest of perpetrators of crime. This is lacking in the case of international criminal law enforcement. This article critically examines the difficulty in arresting or apprehending perpetrators of core international crimes and its effect on international criminal law enforcement. The paper argues that the difficulty in arresting or apprehending perpetrators of core international crimes constitute an impediment to the effective functioning of the Tribunals and Courts established for the prosecution of perpetrators of mass atrocity crimes. The paper found that due to the absence of an effective mechanism for the arrest of perpetrators of core international crimes, most of them evade or escape arrest and remain unpunished thereby promoting the culture of impunity. The paper also found that the existence of International Criminal Tribunals and Courts, do not deter would be perpetrators of mass atrocity crimes since they are aware of the difficulty in apprehending them. The paper adopted the doctrinal research methodology. The article recommends the amendment of the statute of the international Criminal Court to include a provision mandating Interpol, UN peace keeping force or regional Peace Keeping force on ground in the affected state or region to apprehend indicted perpetrators of mass atrocity crimes and hand them over to the Courts for prosecution.